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Planning & Zoning Commission

Regular Meeting

DeKalb, IL · September 5, 2018

AgendaMinutes

Minutes

MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION September 5, 2018 The Planning and Zoning Commission held a Meeting on September 5, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro, Max Maxwell and Jerry Wright. Commissioner Deborah Nier was absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton and Recording Secretary, Linda Odom. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the September 5, 2018 agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES July 18, 2018, August 8, 2018 and August 22, 2018 – Ms. Barbe motioned to approve the minutes, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) Bessie Chronopoulos of 423 Gayle Ave. thanked the Commissioners for their service and stated that she would like to see the Commission have more meetings to discuss the comprehensive plan and be more involved on the vision of the community including housing. She feels the Commission is the body of people that are supposed to be the most technically oriented and knowledgeable about the codes and ordinances. She mentioned the sign ordinance will be coming up and she would like to see this discussed more with the Commission. E. NEW BUSINESS 1. Public Hearing - Petition by Scott and Lisa Schmittle for a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot Planning and Zoning Commission September 5, 2018 Page 2 of 10 high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property located at 145 Heritage Drive. Scott Schmittle of 145 Heritage Drive said he is requesting a fence variance due to his house being on a corner lot. He stated his side yard that faces Fairview Dr. is called a front yard since it’s a corner lot and the UDO does not allow a six-foot high privacy fence in that yard up to the street. He added to be in compliance with the UDO the fence would have to be at the edge of the house. Mr. Schmittle went through a presentation with diagrams of how the fence will look and noting the fence will be consistent with all adjacent fences and will not block the line of sight along the street (Fairview Dr.). Mr. Olson went over the staff report dated August 17, 2018. He mentioned six- foot high privacy fences are not allowed in the side yard adjacent to a street and the only fences allowed are open fences that are four-foot high or three-foot high privacy fences. Mr. Olson noted the reason for this type of restriction in the UDO was to help protect the side yard setbacks and the visibility of the adjacent homes. He showed an example of this by mentioning the lot to the east (146 Heritage) is adjacent to a home that faces Fairview Dr. and a six-foot high privacy at 146 Heritage would block the view of the adjacent home. Mr. Olson noted in the petitioner’s case the homes to the west have their backyards adjacent to Fairview Dr. and do not create a visibility issue. He said the UDO regulations were created to protect the line of sight but in this case, it will not be a problem. Mr. Olson said the City received a letter from a neighbor in favor of the fence, John and Margaret Adler on Cobblestone Court and it is made part of the record. Mr. Olson said there was an amendment to the UDO in 2009 to further restrict six-foot privacy fences on corner lots so there are a handful of corner lots in the City in the same situation that do have a privacy fences in the side yard. He noted, however, that this situation was not caused by the petitioner since he just bought the home in May of 2018. Mr. Olson summarized the findings of fact and noted there is a motion in the Commissioner’s packet for approval. Chair Doe opened up the public portion of the hearing. There were no comments. Chair Doe gave the Commissioners an opportunity to ask any questions. Mr. Maxwell asked about the line of sight for the turn lane at the intersection (Fairview Dr. and Heritage Dr.). Mr. Olson said there will be no visibility issue for traffic. Mr. Castro commented he usually in the past has felt we have an UDO for a reason but given the circumstances he does not oppose the petition. Chair Doe asked Mr. Schmittle if the neighbor’s tree will hinder putting up the fence. Mr. Schmittle said no there will not be a problem as there is adequate clearance. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Planning and Zoning Commission September 5, 2018 Page 3 of 10 Chair Doe asked if the Commissioners had any more questions or comments. There was none. Ms. Buckley made a motion based upon the submitted petition, testimony presented and findings of fact that the Planning and Zoning Commission approve a variance to Article 7.06 of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot for the property located at 145 Heritage Drive subject to fence location as shown on the survey dated 4-24-18 and received on 6-28-18 and constructed per the fence detail labeled as Exhibit A with the change of color to white for the fence. Seconded by Mr. Wright. A roll call vote was taken. Ms. Buckley – yes, Mr. Castro – yes, Mr. Maxwell – yes, Mr. Wright – yes, Ms. Barbe – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent. 2. Public Hearing - Petition by Dave Franzene, owner and applicant, for approval of zoning map amendment from the “GC” General Commercial District to the “PD- C” Planned Development Commercial District for a .79-acre site located at 1786- 1792 Sycamore Road. The petitioner is proposing the Planned Development zoning in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,500 sq. ft. multitenant building located on the subject property. Dave Franzene of 231 Greenwood North, DeKalb went through a presentation on seeking a special use permit for opening a pawn shop at 1786-1792 Sycamore Road. He mentioned that he is the owner of the building on the site and has had several tenants in the building, but this space has been vacant for seven years. He feels this would be a good business for DeKalb as people would be able to walk in and sell their items in person instead of using Craigslist or other websites. Mr. Franzene said this would be a safer place for people to bring their goods to sell and there would be a security system installed that is linked to the Police Department. He said Greg Holloway will be a partner with him who has been operating a pawn store in Naperville for several years. He also mentioned there will be sales tax charged so the City would benefit. Mr. Olson went over the staff report dated August 22, 2018. He said this request would be a rezoning request from the General Commercial District to the Planned Development Commercial District and not a special use request. He said there are two tenants in the building which was constructed in 1998. Mr. Olson noted the building currently contains Charlie’s Gaming and Baxter and Woodman Engineers. He mentioned that the owner would like to continue the use of the video gaming establishment in the building which was established prior to the City adopting regulations on video gaming establishments in March 2017 that put them as a special use in the GC/LC Districts. Mr. Olson went over the Findings of Fact and mentioned the Police Department has no issues with the pawn shop and there will Planning and Zoning Commission September 5, 2018 Page 4 of 10 be no firearm sales allowed. He also mentioned there will be no building improvements and there are 35 total parking spaces which meet the requirements. Mr. Olson said they did receive a couple citizen response forms from Steve Irving of 1826 Sycamore Rd and the Kishwaukee Country Club both noting their approval of the request. In conclusion, Mr. Olson said there is a sample motion in the Commissioner’s packet recommending approval per the development standards and conditions listed on Exhibit A of the staff report. Chair Doe opened up the public portion of the hearing. Barry Wolfe of1221 Sycamore Road said this is a great idea and is in favor of the rezoning. Derrick Ibera stated he is a tenant in the building and operates Charly’s Video Gaming at 1792 Sycamore Road. He stated his support for this business and said Mr. Franzene is a very caring person and the property has always been kept up and very well lit. Chair Doe gave the Commissioners an opportunity to ask any questions. Mr. Castro asked for clarification that Charley’s and the two nearby video gaming establishments were in existence prior to this application. Mr. Olson said that is correct. Ms. Buckley asked what the hours of operation would be. Greg Holloway of 1332 Stonegate Rd., Naperville and the operator of the proposed pawn shop responded the hours would probably be 10-6 during the week and 10-4 on Saturday. Ms. Buckley also asked what type of security they are considering on site besides the video cameras. Mr. Holloway responded that there will be video surveillance and buttons to lock and unlock the doors. Mr. Maxwell asked about the zoning. Mr. Olson clarified that it is a rezoning request to the Planned Development Commercial District and the pawn shop will be moved from a special use to a permitted use. Mr. Wright asked what type of profit does a pawn shop make. Mr. Holloway responded that in Naperville they produce $250-300,000 a year in sales, but the profit is obviously less. Mr. Wright asked what is the toughest part of the business. Mr. Holloway said the toughest part is having the knowledge of the different variety of items and what they are worth. Mr. Wright asked if they have had any security issues in Naperville. Mr. Holloway said not at all. Mr. Castro asked just for the record if the petition in front of the Commission is completely unrelated to the City licensing process for the pawn shop. Mr. Olson said that was correct. Ms. Buckley asked Mr. Holloway how the loans will work. Mr. Holloway said they take in inventory and it would be only collateral loans. Chair Doe asked if they had an over-abundance of inventory what would they do with it. Mr. Holloway said if it is not sellable they will donate it, or it will be stored. Ms. Barbe asked Mr. Olson if going from the General Commercial District to Planned Development District affects the whole building. He replied yes. Mr. Maxwell asked Mr. Olson if the 32 required parking spaces were shared among the businesses or per business in the building. Mr. Olson said the parking is for all the tenants and there is a formula in the UDO that is used to figure out how many spaces are required for each type of use. Planning and Zoning Commission September 5, 2018 Page 5 of 10 Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Chair Doe asked if the Commissioners had any more questions or comments. There was none. Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786-1792 Sycamore Road per the Development Standards and conditions listed on Exhibit A of the staff report. Seconded by Ms. Buckley. A roll call vote was taken. Mr. Castro – yes, Mr. Maxwell – yes, Mr. Wright - yes, Ms. Barbe – yes, Ms. Buckley – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent. Mr. Olson thanked the first two applicants for waiting two weeks for their hearing. 3. Public Hearing – Petition by Adventure Works of DeKalb County, Inc. represented by Lynette Spencer for approval of zoning map amendment from the “MFR-1” Multiple Family Residential District and the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 and 1215 Sycamore Road. Lynette Spencer, Executive Director of Adventure Works, located at 1211 Sycamore Road explained that they are a youth organization that she founded in 2010. She added they have brought a service to the community as well as employment through their non-profit organization. She stated their mission is guiding youth and overcoming life challenges through adventure based counseling and education through outdoor behavioral healthcare. Ms. Spencer introduced some of the organization members that were present and went through the presentation explaining their organization and how they want to expand their property for an existing counseling center along with other groups they collaborate with in the community. Ms. Spencer added that they are in a contract to purchase the vacant property at 1215 Sycamore Road. She said they are asking for a zoning change to a Planned Development for their site and the vacant lot. She added they will not be building on it and it secures and squares up their property. Mr. Olson went through the staff report dated August 31, 2018. He said Adventure Works is currently zoned multi-family with a special use for the counseling center and they want to rezone both lots to Planned Development - Residential. He mentioned the restrictions put on the building and went through the standards for the re-zoning in the report and felt there would not be any detrimental effects on the neighbors. Mr. Olson said there is a sample motion provided and a Planning and Zoning Commission September 5, 2018 Page 6 of 10 recommendation to approve with the conditions listed on Exhibit A in the staff report. Chair Doe opened up the public portion of the hearing. Judith Winter of 721 Krpan Ct. stated she is not at all opposed but has a concern and a possible suggestion. She said that the property Adventure Works owns is adjacent to her property and feels there is a confidentiality issue since there is really nothing to divide the two properties. She said sometimes when they are outside one can hear what is going on in the Adventure Works yard. Ms. Winter suggested they consider putting up something defining the lot line such as a barrier, which would help the confidentiality and safety in the future. Barry Wolfe of 1221 Sycamore Road said he is completely in support of this but stated the Kishwaukee Water Reclamation District expansion adjacent to him is a mess and his house is the only one that did not get an offer from the District. His feels his property has been devalued by the expansion of the treatment facility. He said locations like the counseling center carry stigmas with them as does the waste water treatment plant and believes he will never be able to sell his house. He commented when the project started he had hoped that commercial would be built on the vacant lot but now it’s not going to happen. He has spoken with lawyers, real estate agents and his bank officer, all of them wanted to know why the City did not give him an offer on his property. Mr. Wolfe would like the City to give him an offer on his property. Ms. Jo Ellen Charlton stated she remembers Mr. Wolfe coming to the Commission meeting when the Sanitary District was asking for approval and believing the Director of the Sanitary District was going to talk to him. Mr. Wolfe said they have not done that. Ms. Charlton said she wasn’t sure the City could help him, but she will go back and listen to his testimony to see if there is anything represented by the District that they should follow up on. She said she would give him her card, so he can follow up with her. Chair Doe asked if the Commissioners had any questions or comments. Ms. Barbe asked about safety issues with kids because there is no fencing. Ms. Spencer said they were nationally accredited last year for having very stringent risk management protocols and response mechanisms in place. She said Sycamore Road does pose a concern, but they are constantly assessing safety. She added they have talked about putting in a barrier such as a fence that does meet the UDO regulations. Ms. Spencer said they do have plans of fencing off that edge by Ms. Winter’s property. She also mentioned that because they have outdoor activities, they cannot guarantee 100% confidentiality and parents and children 12 and older do sign a consent acknowledging the inability to guarantee confidentiality. Mr. Maxwell asked Mr. Olson about the UDO regulations for fencing. He responded that a fence can be constructed up to the rear lot line and could not be in front of the building in the front yard. Ms. Spencer asked Mr. Olson Planning and Zoning Commission September 5, 2018 Page 7 of 10 about the type of fence they can have. He responded that if it’s an open fence and lower in height, it can be closer to Sycamore Road. Chair Doe asked how the rezoning effects the apartment unit on the 2nd floor. Mr. Olson said the intent is to allow the existing dwelling unit on the 2nd level to remain and it should be part of the motion. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Ms. Buckley made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road and approval of zoning map amendment from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road per the development standards and conditions listed on Exhibit A of the staff report along with continuing to allow one dwelling unit on the second level of the building on the property. Seconded by Ms. Barbe. A roll call vote was taken. Mr. Maxwell – yes, Mr. Wright – yes, Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 6-0-1. Ms. Nier was absent. 4. Review and Recommendation – DeKalb County - Approval of a Special Use Permit for a Solar Garden – Suburban Apartments – Twombly Road. Ms. Charlton went over a case being processed through DeKalb County that involves the construction of a solar garden next to Suburban Apartments on Twombly Road. She provided some background and talked about the City’s Comprehensive Plan and mentioned that the County gives the City a chance to review cases that are within a mile and a half from the City. She said the County public hearing will be held on September 13th. She said the applicant is Brett Robinson who is in attendance and represent the property owner. Ms. Charlton went through the site presentation and issues for considerations. She said she thought it would be nice if the City could do a properly noticed hearing and have adjacent residents come to the Commission to provide feedback. She stated we need to get input from the Fire Department because Suburban Apartments is not hooked up to city water. She said one of the City options would be to ask for a 60- day extension at the hearing on September 13th. She stated the City could also object to the use and that would advise the County that the City would not be involved anymore but are objecting to the use. In summary, Ms. Charlton said the recommendation is to slow it down and have the Planning and Zoning Commission adopt a motion to recommend the City Council approve a resolution that the City would present at the September 13th public hearing. Brett Robinson representing the applicant stated they want to work with the City. He said this solar farm is Planning and Zoning Commission September 5, 2018 Page 8 of 10 warrantied to be 80% effective after 25 years. Chair Doe asked why they chose this parcel and not the northeast parcel at the corner of Annie Glidden and Twombly Road. Mr. Robinson said they thought the northeast parcel spot might be better used for commercial uses. Chair Doe asked what the solar panels rate of movement is. Mr. Robinson said it varies every day of the year, but they move to follow the sun. Chair Doe also asked that since this is a high crime area would it be inviting to homeless people. He responded that they would have to get over the fence which might be difficult and the apartments have full time maintenance staff that would patrol the area. He mentioned the modules are strong and are insured. Mr. Maxwell asked if it was currently zoned AG. Mr. Olson responded that part is zoned Planned Development Residential and RC1 according to the public notice. Mr. Maxwell asked if the electricity gets sold back to the grid. Mr. Robinson said it’s sold to ComEd then sold back to the apartments at a discounted price. Ms. Buckley asked what type of barrier is there between the apartment complex and the solar farm area. Mr. Robinson responded a fence is proposed all the way around the site. Ms. Buckley asked if there are any other buildings that will have to be built. Mr. Robinson responded that an inverter will have to be built. Mr. Maxwell asked if anything must be dug and buried. Mr. Robinson stated they will have to dig under Twombly Road. Ms. Barbe asked if the solar panels will look like the image presented in the packet and Mr. Robinson responded yes. Mr. Castro asked Ms. Charlton when the City heard about this petition. She said a couple of weeks ago and the City reached out to get information from DeKalb County. Mr. Castro asked who would respond if someone called 911. Ms. Charlton said the sheriff of DeKalb County and the City for a fire call. Mr. Castro is in favor of asking the County to have a dialogue about this and wants to give the residents a chance to give their input. Ms. Charlton said the County did send a notice to the residents south of this property about their hearing. Dr. Shan Bedi, owner of the subject property, talked about the plans and said solar gardens are widespread now across the country. He thought there were four fire hydrants on the property with adequate pressure. He said he would like to provide the apartment tenants a discount rate for electricity and feels in the long run it will be good for the residents. Chair Doe thinks this is a great project and learning from experience, she agreed to ask the County to slow down on this. Mr. Maxwell stated he wanted to keep the residents informed. The Planning & Zoning Commission made a motion to ask the DeKalb County hearing officer to delay the completion of the public hearing for 60 days in order to give the City time to complete a thorough review and examination of the witnesses and the testimony so that the City can provide better feedback. Moved by Ms. Buckley, seconded by Mr. Maxwell and the motion was approved by unanimous voice vote. Ms. Charlton wanted to give the Commission an update that there are two other solar projects that might be coming forward for consideration within the City. One is on the southwest part of town at S. 1st St. and Gurler Road and the other one is Planning and Zoning Commission September 5, 2018 Page 9 of 10 on the north side of Pleasant St. just north of Taylor Airport on property owned by the City. 5. Review and Recommendation – DeKalb County - Wind Energy Ordinance Ms. Charlton said DeKalb County has been evaluating their wind ordinance and they have finalized a draft. She said the Mayor has participated in some of the preliminary meetings at the County and is not looking for a formal recommendation from the Planning and Zoning Commission at this time. Ms. Charlton stated the public hearing will be on September 24th from 1-4:30 and 6-9:00pm at the Egyptian Theater. She said the Mayor asked her to give a brief overview to the Commission and get general feedback. Ms. Charlton went through the key points of the Ordinance and noted it’s on County’s website under Hot Topics. Ms. Buckley asked if this is the EDF renewable energies companies wind farm or is this in general for the whole County. Ms. Charlton said this is a text amendment, so it would apply for any wind farm proposal that came forward in the County. Ms. Buckley said there have been multiple hearings on EDF and asked if this is something the City would adopt. Ms. Charlton said the City already has wind and solar provisions in the UDO, but in a much-reduced scale than what the County is proposing. Ms. Charlton said this is informational and there is no formal recommendation requested. Ms. Buckley added if the County could keep them informed as they go through the process and the Commission get a final copy of the ordinance. F. REPORTS Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Wednesday, September 19, 2018. There will be one public hearing for Hillcrest Covenant Church which is requesting an electronic readerboard sign. Mr. Olson reported that the video gaming establishment at 850 South 4th St. (Maisy’s) was approved by the City Council at their August 27th meeting. He added the Council added a condition that no temporary sign could have any reference to video gaming or alcohol on it. Chair Doe mentioned she saw the City Council discussing the signage regulations and the Mayor said this would be a good time for the regulations to be reviewed. Ms. Doe said she sent an email to the Mayor indicating she hoped that someone on the Planning and Zoning Commission will be part of that discussion. G. ADJOURNMENT Ms. Buckley motioned to adjourn, Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 8:59pm. Planning and Zoning Commission September 5, 2018 Page 10 of 10 Respectfully Submitted, Linda Odom, Recording Secretary Minutes were approved by the Planning & Zoning Commission on October 3, 2018.

Agenda

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission September 5, 2018 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. July 18, 2018; August 8, 2018; August 22, 2018 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing - Petition by Scott Schmittle for a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot on the subject property located at 145 Heritage Dr. 2. Public Hearing - Petition by Dave Franzene for approval of zoning map amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786-1792 Sycamore Road. 3. Public Hearing – Petition by the petition by Adventure Works of DeKalb County, Inc. represented by Lynette Spencer for approval of zoning map amendment from the “MFR-1” Multiple Family Residential District and the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 and 1215 Sycamore Road. 4. Review and Recommendation – DeKalb County - Approval of a Special Use Permit for a Solar Garden – Suburban Apartments – Twombly Road. 5. Review and Recommendation – DeKalb County - Wind Energy Ordinance F. REPORTS G. ADJOURNMENT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 18, 2018 The Planning and Zoning Commission held a Meeting on July 18, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro and Deborah Nier. Commissioner Jerry Wright was absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton and Recording Secretary, Linda Odom. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the July 18, 2018 agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES Mr. Olson noted the minutes from the July 5, 2018 meeting will be approved at the next Commission meeting. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS Public Hearing – Petition by Northern Illinois Hotels, LLC, represented by Pramit Patel, and Elmer Larson Inc., owner, for approval of zoning map amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a 2.87 acre site located at the southwest corner of Knolls Ave. S. and S. Annie Glidden Road. Proposed is 90-room Home2 Suites by Hilton Hotel and associated improvements. Chair Doe opened the meeting to the petitioner, Pramit Patel of 1660 N. Claremont Ave., Chicago, IL. Mr. Patel introduced everyone in his group along with their Planning and Zoning Commission July 18, 2018 Page 2 of 8 experience. He noted they are looking to develop a 90 room Home2 Suites by Hilton Hotel at the SW corner of S. Annie Glidden Road and Knolls Ave. S. Mr. Patel mentioned they had a professionally conducted market study done that indicted why DeKalb could accommodate another hotel. He feels DeKalb has seen strong economic growth from the corporations and businesses in the City but believes there is not enough quality hotel rooms to accommodate the growth. He said once the adjacent Hampton Inn is full, which is about 3-4 times a week and 8 months of the year, patrons end up going to neighboring towns to stay in hotels and contributing to their economy. Mr. Patel said the proposed hotel would generate about $205,000 a year in property taxes with about $160,000 going towards the school district. He went over the plans for the hotel, type of guests they will have, room details and described the architectural renderings for the building and noting it will be an eco-friendly facility. Marc Gebhardt of Wendler Engineering, Civil Engineer for the applicant, said they will be providing storm water detention on the site in accordance with the City code. He explained why they put the entrance off of Knolls Avenue S. and mentioned a separate entrance onto Annie Glidden Road is not feasible. He said they looked at connecting the Hampton Inn with this site, but there were several issues that prohibited that. Mr. Gebhardt talked about some changes that have been made to the plans. He noted along the west end of the site they removed 8 parking spaces increased the height of the privacy fence to 8 feet and added landscaping. He also pointed out they will be adding a left turn lane in the landscape island along Knolls Avenue S. into the hotel site. Michael Worthman, a principal at the firm of Kenig, Lindgren, OHara, Aboona, Inc., a traffic and transportation engineering firm out of Rosemont, IL said they were retained to perform the traffic study for the applicant. Mr. Worthman commented that the access has always been anticipated to be off of Knolls Ave. S. He spoke about the volume of traffic and described the type of hotel it will be and the anticipated traffic generation. He said the hotel is not going to have any extra amenities that typically generate more traffic. He added that the access will include one lane in and out and that all exiting traffic will have to turn right onto Knolls Ave. S. He said there will be a left turn lane added to the median in Knolls Ave. S. and mentioned the landscaping will be modified and replaced in the median to provide better sight distances as one comes in and out of the site and subdivision. Overall, he said the roadway system works well in this area and at this time the volume isn’t high enough to warrant a signal at Knolls Ave. S and Annie Glidden Road. Mr. Patel talked again about comments the city staff have made and how they have or will address them. Mr. Olson went through the staff report dated July 13, 2018 stating that the property is in the South Annie Glidden Road corridor and zoned “LC” Light Commercial and has been zoned that classification since the development of the Knolls Subdivision. He went over the guidelines and mentioned there was a neighborhood open house and a ward meeting hosted by Alderman Verbic recently that allowed the residents Planning and Zoning Commission July 18, 2018 Page 3 of 8 to view the plans, ask questions, make comments and be advised about the public hearing. He commented that there will be some revisions to the plans based upon staff comments. Mr. Olson mentioned there is a 50’ buffer area required for Planned Developments between commercial and residential districts and that no parking can be in that buffer area. He stated the 50-foot buffer area applies on the west side of the site. Mr. Olson advised he Commission that staff asked the applicant to move the building further east or remove the parking in the buffer area, relocate the dumpster, add more landscaping and increase the height of the privacy fence in order to achieve better screening on the west side of the site. He added that the building is about 80 feet away from the west property line so that is not an issue. Mr. Olson pointed out that the applicant has submitted an engineering plan and are complying with the storm water regulations and will be revising the plans to address some final comments. He said the City Engineer is here, Greg Chismark with WBK Engineering, if there are any questions for him. He added the DeKalb Park District provided comments regarding the plans, which were addressed by the applicant. Mr. Olson said a traffic analysis was done by the applicant and reviewed by the City Engineer. He commented the study concluded there was no warrant for a traffic signal at the Knolls Ave. S. and S. Annie Glidden Road intersection. He said landscaping will be replaced in the two landscape islands in Knolls Ave. S. to help with visibility. Mr. Olson stated that accident data was provided for the intersection of Knolls Ave. S. and Annie Glidden Road by the DeKalb Police Department and they indicated there was not a safety issue at this time. He also noted that service calls were provided from the Police Department for the adjacent Hampton Inn Hotel and Police Chief Lowery stated there is little demand for service regarding the hotel that is criminal in nature. Mr. Olson said that common area surveillance cameras can be requested with a Planned Development Ordinance and can be linked to the Police Department. Mr. Olson said Citizen Response Forms were received from Linda and Preston Crisler of 1222 Mason St. and Dennis Smigielski, Janice Gorham and Nicole Gorham of 1220 Knolls Ave. S. indicating they do not support the proposal. He also noted that e-mails were received from Sydney and Kyle Zuhn of 652 Plum St. and Steve Brown of 1231 Mason St. noting they also do not support the proposal. He said since the Commission packet went out last Friday, the City received a letter of support for the hotel from the DeKalb Chamber of Commerce and John Laskowski a resident of DeKalb. Mr. Olson noted copies the form, e-mails and letter were provided to the Commission and made part of the record. Mr. Olson concluded by stating the staff’s recommendation is to conduct the hearing tonight and then continue it to the August 8th Commission meeting where staff can provide a full recommendation and the applicant can amend the plans to address staff comments. Planning and Zoning Commission July 18, 2018 Page 4 of 8 Chair Doe gave the public a chance to speak and asked them keep comments related to the petitions that are before the Commission. Steve Brown of 1231 Mason St. stated he lives right across the street from the location and mentioned the proximity of the hotel to the playground and jogging path. He noted he is concerned about the traffic during high traffic times such as large events at NIU. He stated he is not happy about the location, and feels they are shoe horning the hotel into the site. Mr. Brown said he is also concerned about the construction phase of the project and how large vehicles will be entering and exiting the site. He stated he likes Home2Suites but feels the hotel should be built in a heavy commercial area and not in a residential area. Mr. Brown was also concerned about sex offenders staying in the hotel and not having to report they are in the area. Dawn Flippin of 601 Larson Lane said hotels do not have to reveal the status of their guests and she is concerned about who will be staying there since it’s by a park. She feels if there are corporate people staying there they will be out at the same time, so she is concerned about additional traffic. She asked if the school district has been contacted about the traffic coming in and out of Knolls Ave. S. Dennis Smigielski from 1220 Knolls Ave S. stated he lives right next to the subject site. He stated he feels his house value will go down if the hotel is built and it will take another 15 years to come back to what it was. He said he is very opposed to the project and concerned about the hotel not surviving and possible uses after that. Gary Skinner from 1279 Mason St. said he wanted to know if there were any other sites being considered for the hotel. Mr. Patel stated there were no other sites considered for the hotel and noted why they chose this location. Mr. Skinner suggested Shodeen’s property (Lincoln Highway) would be a good location or partnering with NIU or placing it closer to I-88. He mentioned he is concerned about it being close to the residential area and very opposed to the location. Chair Doe opened up the discussion to the Commissioners for comments or questions. Ms. Buckley asked how they came up with this site and asked if they looked at Peace Rd & I-88, which seems like a good location. Albert Hill, construction manager for the developer, said a market study showed this location was good, the existing zoning was commercial and Annie Glidden Road is a major road from the tollway to NIU. He also noted the only way they could get signage on the tollway (I-88) was if they were along Annie Glidden Rd. Mr. Hill also noted there are advantages of having hotels close together. He mentioned a hotel has the least amount of traffic than many other commercial businesses that could locate on the site and traffic will be spread out over the day. Mr. Hill said the signs on I-88 direct motorist to Annie Glidden Road for NIU. Mr. Castro asked why they Planning and Zoning Commission July 18, 2018 Page 5 of 8 would put a hotel near another existing hotel when there are other places to go in the City. Ms. Barbe asked what the average occupancy for the Hampton Inn. Mr. Patel said currently they are at about 85% capacity for the year. He said usually they are sold out 4-5 days a week and 8 months out of the year. Ms. Barbe also asked if the jobs paid a living wage. Mr. Patel responded not all the jobs do. Ms. Barbe feels it is not easy to get in and out of the intersection of Knolls Ave. S. and S. Annie Glidden Road and asked if they contacted the residents about the traffic. Mr. Worthman of KLOA responded that they did not, but they performed a traffic study which was prepared per industry, City of DeKalb and IDOT standards. He stated he believes the existing roadways are adequate and there may be a wait to turn at the Knolls Ave. S. and S. Annie Glidden Road intersection, however the level of service is acceptable, and a signal is not warranted. Mr. Worthman added the accident data shows there is no safety issue at the intersection. Ms. Barbe asked the applicant how do they plan to alleviate the homeowners fears about falling property values. Mr. Patel said the lot has always been zoned for commercial use and it has been for sale for 20 years so residents should have been aware of the commercial potential. He feels the hotel would have the least impact on property values as compared to some other commercial uses. He said what helps property values is economic growth, better schools and jobs and noted the proposed hotel would contribute about $160,000 in property taxes to the school district each year and will bring in more jobs. Ms. Nier said given the amount of information that was presented tonight she would like to go visit the site first. She stated she has concerns related to the traffic, impacts on school buses and the effect on the adjacent playground. She mentioned the hotel will change the makeup of the park and asked about the buffering between the hotel and the park. Vicky Torres, General Manager from the Red Roof Inn along W. Lincoln Highway said she had to go through a long process with the tollway to get signs for her hotel along I- 88 approved and there are maximum distance requirements. Chair Doe asked about the islands and medians in Knolls Ave. S. and how they are going to be altered. Marc Gebhardt with Wendler Engineering explained what type of changes they will be doing including adding a left turn lane in the island for vehicles entering the hotel. He said the landscaping will be replaced with low growth plantings, so the site distances will be improved. Chair Doe asked about the stormwater runoff for the site and the retention pond. Mr. Gebhardt said they have a storm sewer system that they are proposing on-site, which will be in compliance with the City Code. Chair Doe asked Mr. Patel about the amount of time an individual can stay in the hotel. Mr. Patel responded that extended stay just means there is a kitchen provided in each room, so they can stay as long as they want to (except past 30 days), however most stay just a few days. He Planning and Zoning Commission July 18, 2018 Page 6 of 8 commented that corporate hotel guests that travel 5 days a week do not want to eat out every day, so they want to occasionally prepare their own meals. Mr. Castro asked who currently owns the land. Mr. Olson responded that Elmer Larson, Inc. is the listed property owner on the zoning application. He said Mr. Larson is in attendance at the meeting if anyone has a question. Mr. Elmer Larson said at one point in time they owned the entire 264 acres and subdivided it into the Knolls Subdivision. Ms. Buckley noted that Mr. Patel stated in his original presentation that the primary guests would be business travelers to the area so why not Peace Road for the hotel. Mr. Patel responded that they did look at a couple locations along Peace Road, however the cost of the land prohibits the project from being feasible. Chair Doe gave the pubic one more chance to speak. Dennis Smigielski of 1220 Knolls Ave S talked about the runoff going into a feeder pond for the Kishwaukee River and is worried about the fish in the pond and repeated he is very opposed to this project. Cara Carlson of 1223 Mason St. said she just bought her house in December and noted she has waited a long time to turn at the intersection of Knolls Ave. S. and Annie Glidden Road and feels the traffic will be a problem. She said there is a study that shows you will lose value in your home and not get it back for 10-15 years if next to a hotel. She added her home is her investment and doesn’t feel it is fair to ask the residents to absorb this, take on the traffic, and lose property value. She feels it doesn’t make sense to put the hotel next to a residential neighborhood. Dawn Flippin of 601 Larson Lane said she believes the answers were conflicting as to why other properties weren’t looked at for the hotel and does not think this is the right location for the hotel. Steve Brown of 1231 Mason St. said there are two properties for sale by Schnuck’s that could accommodate a hotel. He is also concerned about traffic with the deer and other wildlife routinely going through the area. He sated he does not feel a 4- story hotel is a “light commercial” use. Paul Konechy of 1226 Knolls Avenue South said he works out of state every other night and stays at a hotel and feels the property in front of Schnuck’s would be a better location. He added he is concerned about safety for his family because he is gone a lot and they visit the park and noted he is opposed to this project. Chair Doe asked if anyone else would like to speak. She asked the Commissioners if they had any other questions. Chair Doe asked if they would Planning and Zoning Commission July 18, 2018 Page 7 of 8 like to continue the hearing. Mr. Castro asked the staff to provide some background on the process related to when a property owner/developer comes to the City with a request. Mr. Olson commented when a petitioner comes to the City with a request, the City has focus on what they are requesting and at the location being requested and determine if they meet the findings of facts or not as stated in the UDO. He reiterated the Commission must focus on the subject site and not look at other properties where the hotel could possibly go. Ms. Nier moved that the public hearing for a Zoning Map Amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a Home2 Suites by Hilton Hotel to be located at the southwest corner of Knolls Ave. S. and S. Annie Glidden Road be continued to the August 8, 2018 Planning and Zoning Commission meeting to be held in the City Council Chambers at the DeKalb Municipal Building, 200 S. 4th St. DeKalb, IL at 6:00 PM. Ms. Buckley seconded the motion. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Ms. Nier – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Wright was absent. Public Hearing - Petition by KV & Sons LLC – DeKalb 2, applicant and owner, requesting an amendment to Special Use Ordinance No. 2016-006 to modify the wall signage regulations on the building located at 444-460 E. Lincoln Highway. Dipak Patel, building owner for 444-460 E. Lincoln Highway, noted they are requesting to reduce the size of the existing box sign (multi-tenant sign) on the east side of the building and add a sign for Dunkin Donuts, which is locating in the vacant tent space. Mr. Patel noted the existing box sign on the east side of the building is 9’ x 8’ (72 sq. ft.) and they would like to replace it with an 8’ x 6’ (48 sq. ft.) sign. He added the new Dunkin sign on the east side of the building would be 30 sq. ft. Mr. Olson went through the staff report dated July 13, 2018. He described the proposed signs and mentioned the new Dunkin sign will go on the east side of the building. He said there were standards regarding wall signage on the building from the special use ordinance approved in 2016. Mr. Olson stated the ordinance was specific on how many signs were allowed and maximum sizes, so the special use is required to be amended in order to accommodate the additional wall sign on the east side of the building. Mr. Olson said the staff recommendation is to approve the proposed amendment. Chair Doe gave a chance for the public to speak. There was none. Chair Doe asked if the Commissioners had any other questions. Mr. Castro asked if it was a lit sign. Mr. Patel said only on the front not the back and it was not a flashing sign. Chair Doe asked if there will be a sign on Lincoln Planning and Zoning Commission July 18, 2018 Page 8 of 8 Highway that has been approved. Mr. Olson said there would be and yes it has been approved and is within the square footage limitations of the 2016 ordinance. Chair Doe closed the public hearing portion of the meeting. Chair Doe asked if there were any other questions from the Commissioners. There was none. Ms. Barbe moved that based upon the submitted petition and testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of an amendment to Special Use Ordinance No. 2016- 006 to modify the wall signage regulations on the building to allow one multi-tenant wall sign (box sign) and one tenant wall sign on the east side of the building not to exceed 78 sq. ft. in total area for the subject property per the signs details attached as Exhibit A to the July 13, 2018 staff report. Ms. Buckley seconded the motion. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Ms. Nier – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Wright was absent. F. REPORTS Mr. Olson reported the City Council at their last meeting passed an ordinance amending the terms for several of the boards, commissions and committees in the City. He noted the changes moved the end of the terms from the end of June to the end of the calendar year similar to the City’s budget. Mr. Olson said the list of Planning and Zoning Commission members has been updated with the new terms and provided to the Commission. He announced there should be an appointment up for consideration by the City Council at their next meeting for a new Planning and Zoning Commission member. Mr. Olson said the next Commission meeting will be August 8th, with the continued hearing for the video gaming establishment proposed on South 4th St. on the agenda as well as the continued hearing for the hotel from tonight. G. ADJOURNMENT Ms. Buckley motioned to adjourn, Mr. Castro seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:32pm. Respectfully Submitted, Linda Odom, Recording Secretary Minutes were approved by the Planning and Zoning Commission on September 5, 2018. MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION August 8, 2018 The Planning and Zoning Commission held a Meeting on August 8, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:04 PM. A. ROLL CALL Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro, and Max Maxwell. Commissioner Jerry Wright and Deborah Nier was absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton and Recording Secretary, Linda Odom. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the August 8, 2018 agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES July 5, 2018 – Ms. Buckley motioned to approve the minutes, Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Continued Public Hearing – Petition by Brad Coppens, applicant, and Brian Scholle and Sheela Prahlad, owners, for approval of a Special Use Permit for a Video Gaming Establishment in the “GC” General Commercial District for property located at 850-852 S. 4th St. Brad Coppens, 13 Meadow Trail West, went through a presentation and pointed out the only school crosswalk is located on East Taylor St. and South 4th St. He said the children do not cross the street anywhere near the proposed Maisy’s on the subject site. He said that they removed the “video gaming & slots” reference Planning and Zoning Commission August 8, 2018 Page 2 of 10 from the proposed wall sign. Mr. Coppens commented that they can only have five video gaming machines so he does not anticipate the parking to be a problem. He said they will not be advertising alcohol sales, because it’s not a big part of the operation and only doing it because it’s required by state law. He said they will put a solid fence around the garbage dumpster and went over the floorplan. He said the south side of DeKalb has no other “video gaming cafes”. Mr. Coppens said they have adjusted the alcohol service hours to 10:00 am per the Commission’s request. He finally commented how the use will meet many of the economic development goals of the City Council including adding jobs, filling an empty tenant space, and producing video gaming revenues. Mr. Olson went over the staff report dated August 3, 2018 that was updated from the report at the July 5th hearing. He commented that one of the conditions of the liquor license issued to the applicant by the City was getting a special use permit. He said since the hearing on July 5th, the Police Department has provided data regarding calls for service at the seven existing video gaming establishments in the City. Mr. Olson noted that based upon the data, the Police Chief has stated there is no significant demand for public safety resources or crime concerns related to the existing video gaming establishments. Mr. Olson went over the changes the applicant made to the wall sign, summarized the findings of fact and noted the citizen responses received. He noted an e-mail was received from the employees at State Farm on the subject site noting there is not much activity from the children on the property or walking by. He said since the hearing they received an e-mail from Rich Kakkuri of 418 Culver St. who was opposed to the project. In conclusion, Mr. Olson said that the petitioners meet the standards of a special use and there is a sample motion for approval in the staff report. Chair Doe opened up the public portion of the hearing. She read into the record the two new emails from the State Farm office on the subject site and from Rich Kakkuri of 418 Culver St. Jamie Craven, Superintendent from the DeKalb School District, spoke about the District’s concerns related to the proximity of the proposed use to Founders Elementary School, Huntley Middle School and the day care centers and noted there is high foot traffic from students in the area. Bessie Chronopoulos, of 423 Gayle Ave., stated she wanted to express what was said in the e-mail from Rich Kakkuri. She said she understands the need to fill a tenant space, however she has concerns about the location because of the vicinity to the school and residential areas. Ms. Chronopoulos said she would like that whole area be looked at for redevelopment and feels the City should try for quality businesses not just to fill a building tenant space. Chair Doe asked if anyone else wanted to speak, there was none. Planning and Zoning Commission August 8, 2018 Page 3 of 10 Chair Doe asked Mr. Coppens if the employees will be trained to know and handle when someone has had too much to drink. Mr. Coppens responded that he has passed the course required by the City as well as a couple other people that will be working at the establishment. Mr. Coppens mentioned data shows that over 50% of the people that use these types of facilities are women and are over 50 years of age. Chair Doe closed the public portion of the hearing and gave the Commissioners an opportunity to ask any questions. Mr. Maxwell asked what type of liquor will be served. Mr. Coppens responded beer and wine. Ms. Buckley asked Mr. Coppens what quantity of alcohol he thinks will be served and asked about parking. Mr. Coppens said he asked Suzi’s (video gaming establishment at Barber Greene Rd. and Sycamore Road) how much they serve, and they said less than 20 beers a day. He said he would not be any different than Suzi’s. Brian Scholle, owner of the property, responded they have not had any parking issues with past tenants at the building and do not expect any with the video gaming user. Mr. Olson responded that the number of parking spaces required per the UDO is 11 and they have 14 spaces on-site, so there is adequate parking. Mr. Castro asked Mr. Olson about the minimum distance from the school for liquor sales. Mr. Olson responded that the day care centers do not qualify as a “school”, under the state law. He added the state requirement for schools (from liquor sales) is a minimum of 100 feet and the subject site is 120 feet away from Founders Elementary School. Mr. Maxwell asked about the projected revenues. Mr. Coppens responded that the use will generate approximately $20,000 per year to the City. Chair Doe gave one more opportunity for the public to speak. There was none, and the hearing was closed at 6:44 pm. Ms. Buckley mentioned her work place is next to Suzi’s (Barber Greene Rd. and Sycamore Road) and there aren’t that many people that go in there, and they have no parking issues. Mr. Maxwell noted he didn’t think it would be very busy at the subject property either as far as traffic. Ms. Barbe stated she is still concerned about the proximity of the proposed video gaming establishment to the residential areas. She added she agrees with the need to bring businesses to the S. 4th St. corridor, but has concerns about the proposed use. She said she doesn’t have a better idea. Mr. Castro mentioned since there is an absence of an economic plan along S. 4th St., there is no context on the review of the request. He added he does not object to gambling and technically the proposed special use meets the standards, however the City seems to be at capacity for video gaming. Mr. Maxwell commented that S. 4th St. has been an issue for many years and doesn’t think the video gaming establishment will attract nearly the volume of cliental that people are anticipating. Chair Doe reminded the audience that the Commission does not have the final decision on this, as they make a recommendation to the City Council who has the final say. Mr. Castro commented that he is a strong proponent that the City come up with a Comprehensive Plan for the corridor before redevelopment occurs and it should be well thought out and have professional Planning and Zoning Commission August 8, 2018 Page 4 of 10 input. Mr. Maxwell agreed with Mr. Castro, but in the meantime, he feels it’s irresponsible to leave it dormant. Ms. Barbe stated she also agrees with having a Comprehensive Plan for the area. Ms. Buckley made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Special Use Permit for a Video Gaming Establishment at the subject site per the conditions as indicated on Exhibit A in the staff report. Seconded by Mr. Maxwell. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – no, Mr. Maxwell – yes, Chair Doe – no. Motion passes 3-2-2. Ms. Nier and Mr. Wright were absent. 2. Continued Public Hearing – Petition by Northern Illinois Hotels, LLC, represented by Pramit Patel, and Elmer Larson Inc., owner, for approval of zoning map amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a 2.87 acre site located at the southwest corner of Knolls Ave. S. and S. Annie Glidden Road. Proposed is 90-room Home2 Suites by Hilton Hotel and associated improvements. Chair Doe reminded everyone what the Commission is reviewing, which is a zoning map amendment and approval of a development plan. The applicant, Pramit Patel, mentioned that he has been in the hotel business for 15 years and went over why they chose this site which came down to size, price and location. He noted the site is ready for development and Hilton Hotels approved the location. He said they looked at the vacant lot in front of the Schnuck’s to the south along Annie Glidden Road, but it was too small. He said the former Travel Inn site along W. Lincoln Highway was too expensive. Mr. Patel provided some property value statistics from RVG Commercial that showed that the home values in the neighborhood have not gone down since the construction of the adjacent Hampton Inn Hotel. Mr. Patel talked about the Standards of Rezoning and the Standards of Planned Development in the UDO and how the proposed project is meeting them. He said they did a traffic study and no traffic light is warranted at the Knolls Ave. S. and S. Annie Glidden Rd. intersection. He added the school district, park district and police department do not have any concerns about the intersection or the project. He mentioned that other permitted uses in the “LC” District would generate more traffic than the hotel use. Mr. Patel said they have made changes to the landscaping and site plan per staff comments. He said the hotel project will help the school district in relation to additional property taxes and will create about 30 jobs. He said they are not asking for any TIF money or tax abatements from the City. Planning and Zoning Commission August 8, 2018 Page 5 of 10 Mr. Olson went through the updated Staff Report dated August 3, 2018. He went over the Hotel Market Feasibility Study (dated January 2018) which states a hotel of the proposed size and location is supported and added the City has heard from NIU and other business that there is a need for this type of hotel in the DeKalb area. He noted City staff and the City Engineer have reviewed the updated plans and there are just minor comments remaining. Mr. Olson noted there have been a lot of comments and questions about the hotel site selection and said the Commission should focus on the subject site and whether it meets the standards or not for a rezoning and planned development. He said there was a traffic study done in March and a traffic signal was not warranted at the Annie Glidden Road and Knolls Ave. S. intersection. He added that the study showed the access to the hotel was adequate and accident data received from the Police Department concluded there is not a safety issue with the intersection. The DeKalb School District was contacted regarding the bus schedule and there were very little concerns about wait time at the intersection. Mr. Olson added that the Police Dept. provided a Calls for Service report for the Hampton Inn Hotel and Police Chief Lowery stated there is little demand for service regarding the Hampton Inn that is criminal in nature. Mr. Olson said with a planned development, video cameras with Police Dept. access can be required and is part of the recommendation. He commented that the applicant reviewed the Standards of Rezoning and for a Planned Development and provided testimony that they met the criteria. He said the applicant provided a report on the property values and they have gone up in that area since the Hampton Inn has opened. Mr. Olson went over the citizen responses that are part of the record. He stated staff’s recommendation is to recommend approval per the standards in Exhibit A of the staff report and subject to the staff comments in Exhibit B of the report, which have been updated (dated 8-8-18). Chair Doe opened the floor for public comments. She read the three letters/e- mails that were recently received regarding the request: DeKalb Park District letter dated 8-3-18, Candi Flood e-mail dated 8-8-18 and Steve Noffsinger e-mail dated 8-8-18. Steven Brown of 1231 Mason St. mentioned he feels the hotel should be at a different site that has better access to businesses and restaurants. He said when there is an event going on at the NIU there is a lot of traffic along S. Annie Glidden Road. Mr. Brown added the proposed hotel is very different than the adjacent Hampton Inn and is an extended stay hotel and there will be people staying much longer. He stated the hotel is too tall for the neighborhood and has concerns about the future construction of the hotel and that it will be too close to homes and the heavy equipment will damage the streets. He also noted that the property values of the homes would be more if the Hampton Inn wasn’t constructed. Jill Skinner of 1279 Mason St. said she feels light commercial zoning should result in something a lot smaller in size than the proposed hotel. She stated the reason it was zoned light commercial years ago was because it was near a residential Planning and Zoning Commission August 8, 2018 Page 6 of 10 subdivision. She stated most residents would envision light commercial zoning as a one-story building with regular 9-5 hours with uses such as a dry cleaners and offices. She said because it was vacant for 20 years, doesn’t mean development wasn’t proposed for the site before. She continued by saying the waivers for the building height and 50 foot buffer on the west side of the site are not warranted and the site is not in compliance with UDO and Comprehensive Plan. She added that traffic is difficult at times to get in and out of the Knolls Subdivision onto Annie Glidden Rd. Ms. Skinner commented that the Hampton Inn has a natural buffer to the houses to the west, however the proposed hotel will not. She feels the applicant has not met their burden of proof on why this should be rezoned to a planned development, so she would like to see the petition denied. Mr. Olson clarified the Light Commercial district definition and noted the list of permitted and special uses in the LC District, which were provided to the Commission. He followed up to Ms. Skinner’s comments that the LC District is intended along collector streets, which Annie Glidden Road is. Mr. Olson noted that the 45’ height maximum in the LC District is for all the uses, not just for a hotel. He noted again that a traffic study was conducted and reviewed by the City Engineer and a light is not warranted at Knolls Ave. S. and Annie Glidden Road. Mr. Olson added the variance for the height is only for the parapet and to screen roof-top equipment. He added there has been no serious interest in development on the site or it would have been developed. He also commented there will be a lot of big events at NIU and a lot of other intersections in the City will be busy during that time as well, but we don’t base road improvements on a few special events per year. Dawn Flippin, 601 Larson Lane, stated she has a lot of the same concerns as the previous speakers. She is worried about how much more blacktop will be added to the land near the site and how much more water will have to go somewhere else instead of the wetlands. She said she is also concerned about the traffic coming out of the Knolls Subdivision. She said this hotel does not fit with the neighborhood. Dave Cargill of 6820 Mill Rd., in Rockford asked if the petitioner is involved with the Home2 Suites Hotel going up in Loves Park. The applicant responded they do not. He asked if they were involved with the adjacent Hampton Inn construction, and the applicant indicated yes. Mr. Cargill stated he represents IBEW Local 364 and would like it to be on record that they had issues when the Hampton Inn construction because the builder had no interest in using local labor for the work. He stated that he hopes if this proposal goes forward that they can change that. Dennis Smigielski of 1220 Knolls Ave. mentioned he is concerned that the hotel is not a light commercial use. He also noted he feels the entrance is not going to be adequate for all the traffic coming in and out of the hotel and subdivision, and putting the hotel on this site will be a big mistake. Christine Sokalowski of 1230 Mason St. said she is a mother of five and a small business owner. She said they have lived there since 2013 and did their due Planning and Zoning Commission August 8, 2018 Page 7 of 10 diligence to find out what kind of property that empty lot was before they made their choice to move. She mentioned she is concerned about the traffic blocking the subdivision entrance and has an issue with the hotel location. She does feel the property values went down after the Hampton Inn opened in 2015. Mr. Olson clarified some of her questions/concerns about the traffic. Matt Baldwin from WBK Engineering stated they are the City Engineer and answered her Ms. Sokalowski’s questions on the traffic concerns and summarized the traffic study they reviewed, which was conducted per IDOT standards. He noted there is not a warrant for a light at Knolls Ave. S. and Annie Glidden Rd. and the existing road network has capacity to accommodate the hotel. Ms. Sokalowski said she feels the numbers are not accurate on the presentation on property values. Bessie Chronopoulos of 423 Gayle Ave. stated she wishes the public would get involved more than what they do and believes the City must be careful when dealing with waivers, rezoning and flood plains. She asked when was the last time the City looked at updating the Comprehensive Plan and said the history of this area has been changed a lot. She feels it is not the staff’s job to make “it” (hotel) work and they should protect and strive for quality of development that goes on in the City. Preston Christler of 1222 Mason St. stated he moved into Dekalb in December of 2015 and that he was concerned about the Hampton Inn but dealt with it. He said the police department only responds after a crime has been committed. Chair Doe gave the Commissioner’s an opportunity to ask more questions. Ms. Buckley asked what the traffic pattern is like at the Hampton Inn. Al Hill, representing the applicant, responded and said the Home2 Suites is a mid-scale Hilton extended stay product. He said on an average people stay two-three days and a lot of these hotels are being built across the country. He said there might be 65-75 cars pulling in over a 4-hour period, which would be about 15 an hour. Mr. Hill said cars leaving in the morning would be quicker due to checking-out instead of checking in and would be from 6:00am and to 10-11:00 am. Ms. Barbe asked if there are kitchenettes in each room, and the applicant responded yes there will be. She asked where the sign would be that indicates where they turn into the hotel. Mr. Olson said they have not provided that yet. He added the plantings in the Knolls Ave. S. island will be removed, and new low growth plantings will be added for better visibility. She asked Mr. Olson about planned developments and why would the City have more control over the development than a special use permit. Mr. Olson responded that it’s covered in the UDO and planned developments provide the ability to require more restrictive standards than a special use permit. He said the planned development can also dictate things related to public safety, length of time of stay and restrictions on the development of the hotel. Mr. Maxwell said he lives in the Knolls Subdivision and has been there for 21 years. He feels everyone knew the subject lot was commercially zoned property and Planning and Zoning Commission August 8, 2018 Page 8 of 10 believes there are other uses in the LC District that would be worse than a hotel such as a gas station or restaurant. He feels the traffic from a hotel would have less of an impact than other commercial business’s that could go on the subject property. Mr. Castro echoed Ms. Chronopoulos comments and believes it’s very valuable to hear from the residents and appreciates the public coming here to voice their concerns. Mr. Castro asked Mr. Patel what the average occupancy of the Hampton Inn is. Mr. Patel responded it is usually 79% and weekends are usually full. Mr. Castro asked about property values and who did the study that was presented. Mr. Patel said RVG Commercial provided the study and used MLS Listings. Mr. Patel corrected a previous speaker and noted that the Hampton Inn opened in March of 2014 not 2015. Mr. Patel said the light commercial zoning allows for 45-foot-high buildings, regardless of use. Mr. Castro asked Mr. Patel if someone was looking at a house for sale close to the hotel would that person reconsider this property because of the proximity to the hotel. Mr. Patel responded that lot was always zoned commercial and feels if it were a gas station it would devalue the house more than a high-quality hotel. He added a residential lot next to a commercial zoned property should be valued less than the other lots. Chair Doe gave the public one more time to respond. Steven Brown of 1231 Mason St asked about the floodplain being close to the hotel and asked about the impact on the reason why it has been vacant for 20 years. He said there are different people that will be staying at extended stay hotels vs. hotels like the Hampton Inn so there is no comparison. He added the kitchenettes allow for more alcohol to be stored. He reiterated his concern about the construction phase and the effect on the neighborhood. Amanda Aune of 1230 Mason St. said she has five children and they use the park that is next to the site and she is concerned about the kids being that close to the hotel. She said she is also concerned about there being a lot of traffic at the intersection (Knolls Ave. S. and Annie Glidden) and would like to see something other than a hotel go in that location. Dennis Smigielski of 1220 Knolls Ave. said he doesn’t feel the Hampton Inn is at full occupancy at times and doesn’t believe the hotel is needed. Mr. Patel said the loan would not have been approved by the bank for the hotel if they didn’t think it was going to be successful. At 9:00 PM Chair Doe asked for a motion to extend the meeting another hour, per the Commission’s by-laws. Ms. Buckley so moved, seconded by Ms. Barbe, the motion was approved by unanimous voice vote. Chair Doe asked if there was anyone else from the public that would like to speak. There was none. Planning and Zoning Commission August 8, 2018 Page 9 of 10 Ms. Barbe commented that “LC” Light Commercial zoning does not include gas stations (Special Use in the LC District). Ms. Buckley asked Mr. Olson to clarify the function of the Planning and Zoning Commission on this request. Mr. Olson responded their function is to review the testimony and findings of fact for a rezoning and planned development, the documents and supporting information provided and make findings based on those items for this specific location. Chair Doe asked Mr. Olson to explain if the vote is in the negative what needs to be done. He said if the Commission is leaning toward denying the request, they need to find reasons and create findings supporting the denial of the petitions. Chair Doe noted that based upon all the input from residents, staff and the applicant there are lot of positives for a hotel in the City, however the proposed location may not be the best. Mr. Castro stated is inclination is to approve the hotel. Mr. Maxwell commented he understands the resident’s concerns, however feels the location is good. Ms. Barbe stated she feels the hotel is in the wrong location. Ms. Buckley said their position is to look at the facts and rule on that and at this point she would be in favor based on the finding of facts. Mr. Maxwell wanted to make sure in the recommendation that it would state that the hotel cannot be changed to long term residential uses and can be used only for a hotel. Mr. Olson said that language could go into the development agreement and can be made part of the recommendation. He said there is also a provision regarding the length of stay in the recommendation from staff, but it can be expanded to include no conversion into apartments or some other residential use. Chair Doe went over Exhibit A, Development Standards attached to the staff report and said a #5 could be added to include the language restricting it to only a hotel and no conversion into apartments or some other residential use. Mr. Maxwell said he would also would like to add a restriction on lighting. Mr. Olson said that is already in the photometric plan, which is part of the plan approval recommendation. Chair Doe asked if anyone wants to change the exterior colors of the proposed hotel as shown on the architectural renderings provided. Mr. Maxwell asked if there is something they can do with the AC units on the roof to make it look better. Mr. Hill said Hilton will require some screening around those. Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a 90-room Home2 Suites by Hilton Hotel to be located on the subject property per the Planned Development Plans and Development Standards listed in Exhibit A of the staff report and subject to all staff comments being addressed prior to final City Council action as listed in Exhibit B of the staff report. Mr. Maxwell added to the motion that in addition to the pre-existing language in Exhibit A, the Commission recommends language be added denoting that the facility could not be used for anything other than an extended stay hotel meaning no apartment usage or other residential development. Seconded by Ms. Buckley. Planning and Zoning Commission August 8, 2018 Page 10 of 10 A roll call vote was taken. Ms. Barbe – no, Ms. Buckley – yes, Mr. Castro – yes, Mr. Maxwell – yes, Chair Doe – no. Motion passes 3-2-2. Ms. Nier and Mr. Wright were absent. F. REPORTS Mr. Olson mentioned the next Planning and Zoning Commission meeting will be on Wednesday, August 22nd and there are two public hearings scheduled. Community Development Director Jo Ellen Charlton commended the Commission on the Home2 Suites project stating it is never easy and re-stating how important it is to hear the public’s comments. Ms. Charlton added that the City needs to do more comprehensive planning and the last Comprehensive Plan was completed in 2005. She added it will be an expensive project and a long-term process and we need to get back to the basics and grow the City’s economy. Chair Doe asked about the sign ordinance that was brought up in the past. Ms. Charlton said it is on the list, but summer is not the best time to do it. G. ADJOURNMENT Ms. Barbe motioned to adjourn, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 9:20pm. Respectfully Submitted, Linda Odom, Recording Secretary Minutes were approved by the Planning and Zoning Commission on September 5, 2018. MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION August 22, 2018 The Planning and Zoning Commission held a Meeting on August 22, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. At 6:03 PM Principal Planner Dan Olson noted that a quorum was not present with Commission members Barbe, Buckley, Castro and Nier absent and members Maxwell, Wright and Chair Doe present. He mentioned no action can be taken without a quorum and asked for a motion by one of the attending members to continue the meeting to the next scheduled meeting on Wednesday, September 5th. Mr. Wright made a motion to continue the Planning and Zoning Commission meeting to Wednesday, September 5, 2018 at 6:00 pm in the City Council Chambers, 200 S. 4th St., DeKalb, IL, and to open and continue the public hearing regarding 145 Heritage Drive and the public hearing regarding 1786-1792 Sycamore Road to that same date, time and location. Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote of the Commission members present. The meeting adjourned at 6:04 PM. Respectfully Submitted, Dan Olson, Principal Planner Minutes were approved by the Planning and Zoning Commission on September 5, 2018. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 17, 2018 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Variance – 145 Heritage Dr. - Fence (Scott and Lisa Schmittle) I. GENERAL INFORMATION A. Purpose Approval of a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property B. Location/Size 145 Heritage Dr./.23 acres C. Petitioner Scott and Lisa Schmittle D. Existing Zoning “SFR2” Single-Family Residential E. Existing Land Use Single-Family Home F. Surrounding Zoning and Land Use North: “SFR2” Cemetery South: “SFR2” Single-Family Residences East: “SFR2” Single-Family Residences West: “SFR2” Single-Family Residences G. Comprehensive Plan Designation Low Density Single Family Residential II. BACKGROUND AND ANALYSIS The applicant, Scott and Lisa Schmittle, are proposing to construct a six-foot high privacy fence (solid fence with no openings) on the northern portion of their lot at 145 Heritage Dr. The lot is at the southwest corner of Heritage Dr. and Fairview Dr. The fence will be a Hampton Sand color vinyl fence (see detail in packet) and proposed to run from the northwest corner of the house directly north to the property line along Fairview Dr. and then west to the northwest corner of the lot and connect to the existing fence on the lot to the west of the subject site (see attached survey showing fence location). The applicant is also proposing to place a fence along a portion of the south lot line in order to fully enclose the back yard. For corner lots with frontage on more than one street the regulations in the Unified Development Ordinance (UDO) do not allow privacy fences greater than three feet in height in the yard that fronts on the street. Therefore, the applicant is requesting approval of a variance to Article 7.06 of the UDO to allow for a six-foot high privacy fence in the yard that fronts along Fairview Drive. Page 2 of 5 The fence regulations in the UDO were amended in 2009 to clear up confusion regarding the allowable location for fences on corner lots and through lots. The previous regulations allowed privacy fences up to six feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The former regulations likely resulted in some six-foot-high privacy fences being constructed on corner lots in the yards abutting a street that partially blocked the views of the front of an adjacent home. The intent of the current regulations, in part, was to avoid six-foot high privacy fences in the front yards on corner lots where there is an adjacent front yard of a home. This situation could result in a partially blocked view of the front of the adjacent home. In this case, the yard facing Fairview Drive is adjacent to the rear yards of lots that back up to Fairview Drive with the front yards located on Cobblestone Ct. (see attached aerial images). There are no views of the front of homes that will be blocked and the proposed fence will be the same height and type (privacy) as the adjacent fences to the west. The lot size of 145 Heritage Drive is .23 acres and similar in size to other lots in the Heritage Ridge Phase I Subdivision that are not corner lots. Corner lots are typically larger than the other standard lots in a subdivision in order to accommodate the setbacks for the house and accessory uses (e.g. fences) and still leave a usable yard. The lot directly south (141 Heritage Dr.) of the subject site is .22 acres and the lot to the west of the subject lot (129 Cobblestone Ct.) is .25 acres. Attached are several images that show the existing fence line and views along Fairview Drive between Heritage Drive and S. 1st St. Also provided are images showing the yard of 145 Heritage looking to the west and south to adjacent lots. III. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The subject lot is a corner lot and the regulations in the UDO allow only for a three foot high privacy or a four foot high open fence in the yard adjoining Fairview Drive. If the applicant would construct the six-foot-high fence as required by the UDO, it would only extend from the NW corner of the house straight west to the rear lot line, which would reduce the usable backyard by about one-third. The reduced rear yard would be much smaller than other rear yards in the lots in the surrounding neighborhood. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. Page 3 of 5 The subject lot is .23 acres and has existed since 1990 when the subdivision plat for Heritage Ridge Phase I was recorded. The applicant purchased the lot in May of 2018. The existing conditions of the property and resulting variance request are not a result of the applicant, but rather due to the size, location and layout of the lot, which was established in 1990. The fence regulations in the UDO were amended in 2009 to clear up confusion regarding fences for corner lots and through lots. The previous regulations allowed privacy fences up to six feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The amendment to the fence regulation in 2009 has affected the area where a six-foot-high fence can be located on the subject lot, which was established in 1990. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The subject property is a corner lot which limits the area where a six-foot high privacy fence can be placed in the yard facing Fairview Dr. In this case, the yard facing Fairview Drive is adjacent to the rear yards of homes that back up to Fairview Drive with the front yards located on Cobblestone Ct. There are no views of the front of homes that will be blocked and the proposed fence will be the same height and type (privacy) as the adjacent fences to the west. In addition, the six-foot high privacy fence will help reduce noise from Fairview Drive, which is a major collector street. The lot size of 145 Heritage Drive is .23 acres and similar in size to other lots in the Heritage Ridge Phase I Subdivision that are not corner lots. Corner lots are typically larger than the other standard lots in a subdivision in order to accommodate the setbacks for the house and accessory uses (e.g. fences) and still leave a usable yard. The lot directly south (141 Heritage Dr.) of the subject site is .22 acres and the lot to the west of the subject lot (129 Cobblestone Ct.) is .25 acres. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. If the applicant would construct the six-foot-high fence as required by the UDO, it would only be allowed to extend from the NW corner of the house straight west to the rear lot line, which would leave a smaller usable rear yard than several other lots in the neighborhood. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The proposed six-foot-high privacy fence will be the same height and material of the two existing privacy fences to the west along the rear yards of lots that backup to Fairview Drive (129 and 125 Cobblestone Ct.). The proposed fence will not alter the character and scale of the structures in the area in which the variance is being requested. Page 4 of 5 6. The proposed variation will not impair and adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The proposed fence meets these standards. IV. RECOMMENDATION Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Article 7.06 of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot for the property located at 145 Heritage Drive subject to fence location as shown on the survey dated 4-24-18 and received on 6-28-18 and constructed per the fence detail labeled as Exhibit A. Page 5 of 5 EXHIBIT A City of DeKalb Variance Request (cont. Legal Description) June 14, 1990 in Book “U” of Plats, page 69 as of Document No. 90005292, in DeKalb County, Illinois. Reason for 6’ Privacy Fence Variance Request: Hardship 1) 6’x6’ Hampton Sand Color Vinyl fence for privacy, dog containment, and noise reduction a. Continuation of neighbors’ fence line 2) Reduction of backyard by 1/3 based on current Ordinance a. No backyard privacy especially for pool b. No dog containment c. No noise reduction (Fairview is a busy street) 3) The fence will not: a. The neighbor to the back of our property already has a 6’ privacy fence; the neighbor to the side of our property has a row of 10’ shrubs therefore will not impede light and air b. Line of site from intersection is unobstructed and will not cause congestion upon public streets c. Will not increase danger of fire or endanger public safety because it is consistent with fences in the neighborhood d. Will not diminish or impair property values because it is consistent with fences in the neighborhood e. Will not impair public health, safety, comfort, morals, and welfare of inhabitants of DeKalb because it is consistent with fences in the area 4) Denial will: a. Not provide privacy for pool, dog containment, or noise reduction b. We did not cause the exceptional condition because we recently purchased the house c. Reduce backyard by 1/3 and deprive privacy for pool; not consistent with neighbors in the neighborhood that have pools d. Not be consistent with neighborhood fence line currently in place LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, August 22, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Scott and Lisa Schmittle, as Trustees of the Schmittle Family 2003 Trust Under Declaration of Trust Dated May 12, 2003 for a variance to Article 7.06 - Fences of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property, which is zoned “SFR2” Single-Family Residential. The subject property is commonly described as 145 Heritage Drive, DeKalb, IL 60115 and has a Parcel Identification Number (PIN) of 08-34-133-013. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. by Wednesday, August 15, 2018. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public-Hearings Christina Doe, Chairperson DeKalb Planning and Zoning Commission STAFF REPORT August 22, 2018 TO: Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development – Commercial District (1786-1792 Sycamore Road). I. GENERAL INFORMATION A. Purpose Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,000 sq. ft. multi-tenant building B. Owner/Applicant Dave Franzene C. Location and Size 1786-1792 Sycamore Road; .79 acres D. Existing Zoning and Land Use “GC” General Commercial District; 8,000 sq. ft. commercial building with a video gaming establishment and business office. E. Surrounding Zoning and Land Use North– “GC”; Commercial South– “GC”; Commercial East – “GC”; Commercial West – “GC”; Commercial F. Comprehensive Plan Designation Commercial II. BACKGROUND AND ANALYSIS The applicant is requesting approval of a zoning map amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in the existing 8,000 sq. ft. multi-tenant building located on the subject property. The building on-site was constructed in 1998 and currently contains a video gaming establishment (Charley’s) located in a 2,000 sq. ft. tenant space on the north end of the site and the offices for Baxter and Woodman Consulting Engineers in the southern 4,000 sq. ft. The proposed pawn shop would take the 2,000 sq. ft. space between Charley’s and Baxter and Woodman (see attached floor plan) and would like to have the opportunity to expand if needed. A pawn shop is a special use in the “GC” General Commercial District as is a video gaming establishment. The building owner would like to have the ability to continue to have a video gaming establishment if the current one left. Charley’s was established prior to the video gaming establishment regulations approved by the City in March 2017. One of the restrictions approved in the 2017 Ordinance was that a video gaming establishment must be at least 500 feet away from another video gaming establishment. Lucky Poker (1812 Sycamore Road) is located about 220 feet away from Charley’s. It Page 2 of 7 should be noted that the non-conforming regulations of the UDO allow a non- conforming use to locate in a tenant space with another non-conforming use if done within 6 months. The Planned Development zoning will allow the City more control over the future uses that locate in the building and will also allow additional restrictions on the property that would not be possible with just a special use. Some of the conditions recommended is approval of a No Trespass and Traffic Enforcement Agreement with the owner and to require a common area video surveillance and a connection and inter- link to any cameras installed on the subject property. Other requirements recommended are no sales or pawning of firearms on the subject site and no outside storage. In addition, it is recommended that a landscape island be re-planted, and a handicap sign added to the west side of the building. Waivers to the “PD-C” District will be needed for maximum site coverage, landscaping, landscape setbacks and for a Planned Development under 2 acres. The subject lot has 35 total parking spaces and 32 parking spaces are required based upon the square footage and uses in the building. The City currently has license requirements for pawnbrokers and the operator of the proposed pawn shop will be requesting an amendment to the Pawnbroker Regulation Act in the City’s Municipal Code regarding the fee structure for loans. The amendment will be reviewed by the City Council at the same time as when the re-zoning request is reviewed. III. STANDARDS OF REZONING 1. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding areas trend in development. The 2005 Comprehensive Plan recommends the subject site for commercial uses. The building is 8,000 sq. ft. and was constructed in 1998. The re-zoning of the site with the proposed commercial uses meet the intent of the Plan and the trend of development in the surrounding area. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. The building was constructed in 1998 per the UDO requirements. Waivers to the UDO are requested for maximum site coverage, landscaping, landscaping setbacks and a Planned Development being less than two acres. The exceptions to the UDO are justified based upon the existing conditions of the site. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The surrounding area is already fully developed, and the proposed zoning and land use Page 3 of 7 is consistent and compatible with the neighborhood. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses. The Planned Development zoning will allow the City more control over the future uses that locate in the building and will also allow additional restrictions on the property that would not be possible with just a special use. 4. The proposed rezoning constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses. The subject property is proposed for “PD-C” Planned Development - Commercial zoning. The “PD-C” District will allow the property to be used for uses that will be compatible with the surrounding area and consistent with the Comprehensive Plan recommendations. 5. Adequate public facilities and services exist or can be provided. Existing utilities already serve the site and there are multiple points of access to the property. IV. STANDARDS FOR PLANNED DEVELOPMENT General Standards: The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. However, such exceptions shall consistent with the City's Comprehensive Plan and the standards contained in this Section and have been specifically requested in the application for a planned development; and further, that no planned development shall be allowed which would result in: 1. Inadequate or unsafe access to the planned development; There is an existing full access from Sycamore Road that serves the site as well as cross access to the north and south that allow for multiple and safe means of access to the site. 2. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; There is no expansion proposed with the Planned Development at this time. The proposed pawn shop will not generate traffic that will exceed other permitted uses or the capacity of adjoining roadways. 3. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; The proposed Planned Development will not have any undue impact on public parks, Page 4 of 7 recreation areas, schools, fire and police protection and other public facilities. The proposed pawn shop will fill a vacant tenant space and the retail sales generated will be a benefit to the City. 4. A development which will be incompatible with the intent and purposes of this Ordinance; The applicant is requesting Planned Development Zoning, which allow the City to approve regulations that will control the zoning, development and maintenance, operations and other property improvement related issues. 5. Detrimental impact on surrounding area including, but not limited to, visual pollution; The surrounding area is already fully developed with commercial uses, and the proposed zoning and land use is consistent and compatible with the neighborhood and Comprehensive Plan. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses. V. Citizen Comments We received Citizen Response Forms from Stephen Irving of 1826 Sycamore Road and from Kishwaukee Country Club both indicating their support of the rezoning. Copies of the forms were provided in your packets and will be made part of the record at the hearing. VI. RECOMMENDATION Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786- 1792 Sycamore Road per the Development Standards and conditions listed on Exhibit A. Page 5 of 7 Exhibit A 1. The permitted and special uses for the property shall be per the “GC” General Commercial District except for the following: a. Pawn shops shall be a permitted use. b. Video gaming establishments shall remain a special use, however any future video gaming establishment must not exceed 2,500 sq. ft. of floor area and must comply with the regulations of Article 19 “Non-Conforming Situations”, Article 3 “Definitions” and Article 7 “Supplementary District Regulations” of the UDO except for the 500-foot minimum distance separation requirement for such establishments as stated in Article 7.20. 2. A No Trespass and Traffic Enforcement Agreement shall be established with the property owner requiring common area video surveillance and a connection and inter-link to any cameras installed on the subject property, per the approval of the DeKalb Police Department. 3. There shall be no sales or pawning of firearms on the subject site, as defined in Article 7.19 of the UDO. 4. There shall be no outside storage on the subject property. 5. Any redevelopment on the subject property including expansion of the building will require an amendment to the Planned Development Ordinance and require submittal of engineering, architectural, landscaping and associated plans for review and approval by the Planning and Zoning Commission and City Council. 6. The subject site shall meet the requirements of the “GC” General Commercial District standards in the UDO except for waivers as provided below: a. Article 5.13.06 to allow a Planned Development on a site less than two acres. b. Article 5.13.07 (4) to allow the “Site Coverage” to exceed 70% as shown on the site plan dated 3/98 and received on 7-20-18. c. Article 12.04 to reduce the landscaping and setback requirements as shown on the site plan dated 3/98 and received on 7-20-18. Page 6 of 7 7. A handicap sign shall be placed on the west side of the building per the Illinois Accessibility Code and the DeKalb Municipal Code. 8. The landscape island on the northeast side of the subject site shall have the bollard removed and landscaped with shrubs and bushes per the approval of the Community Development Director. Page 7 of 7 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, August 22, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Dave Franzene, owner and applicant, for approval of zoning map amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786-1792 Sycamore Road. The petitioner is proposing the Planned Development zoning in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,500 sq. ft. multi-tenant building located on the subject property. The subject property is commonly described as 1786-1792 Sycamore Road, DeKalb, IL and has Parcel Identification Number (PIN) of 08-13-151-041. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, August 15, 2018. Additional information regarding the public hearing can be found on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public- Hearings. Further information is available from the Community Development Department by calling (815) 748-2361. Christina Doe, Chairman DeKalb Planning and Zoning Commission STAFF REPORT August 31, 2018 TO: Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Zoning Map Amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road and approval of Zoning Map Amendment from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road (Adventure Works Counseling Center) I. GENERAL INFORMATION A. Purpose Zoning Map Amendment from the “MFR- 1” District and the “SFR-2” District to the “PD-R” District for property located at 1211 and 1215 Sycamore Road to allow for the expansion of property for an existing counseling center B. Owner/Applicant 1211 Sycamore Rd.- Adventure Works of DeKalb County, Inc.; 1215 Sycamore Rd. – John and Phyllis Scott C. Location and Size 1211 and 1215 Sycamore Road; .94 acres D. Existing Zoning and Land Use “MFR1” and “SFR2”; Counseling Center E. Surrounding Zoning and Land Use North – “PD-R”; sanitary sewer plant South – “SFR-2”; single-family East – “SFR-2” & “GC”; single-family and commercial West – “SFR-2; single-family F. Comprehensive Plan Designation Low Density Single-Family Residential II. BACKGROUND AND ANALYSIS Adventure Works of DeKalb County, Inc. is a non-profit organization guiding youth in overcoming life challenges through adventure-based counseling and education. They are requesting approval of a zoning map amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road and approval of zoning map amendment from the “SFR- 2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road. The Adventure Works Counseling Center is currently located in a former single-family home located at 1211 Sycamore Road. Adventure Works purchased the property in August of 2016. There is a parking lot behind the building and two points of access to Sycamore Road. There is also an apartment unit on the second floor of the building. Adventure Works would like to purchase the adjacent vacant property at 1215 Sycamore Road and expand their outdoor activities related to their services. They are not planning on any structures or land improvements at this time for the vacant lot, beyond constructing a fence and adding a low elements course. Low elements are activities that start at one foot off the ground and go up to twelve feet. Page 2 of 6 In 2001, the City passed an Ordinance rezoning the property at 1211 Sycamore Road from the “SFR-2” Single-Family Residential District to the “MFR” Multi-Family Residential District and also approved a Special Use Permit for a counseling center. The Ordinance approving the Special Use Permit had conditions requiring the property’s appearance to remain consistent with the existing single-family residential home. The Ordinance also contained a condition that allowed rehabilitation of the existing structure, however any changes to the residential character of the property would require an amendment to the Ordinance. Finally, there were conditions allowing one dwelling unit on the property and restrictions on the ground sign. The staff’s recommendation is to include these conditions, with some modifications, in the planned development ordinance. View from Sycamore Road III. STANDARDS OF REZONING 1. The proposed rezoning conforms to the Comprehensive Plan, or conditions have changed to warrant the need for different types of land uses in that area. The proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding areas trend in development. The 2005 Comprehensive Plan recommends the subject site for Low Density Single- Family uses. The applicant is proposing to expand the counseling center outdoor activities to the adjacent vacant lot, which will be made part of the planned development. The planned development will have a condition that the property maintain its single-family residential appearance. The re-zoning of the site with the proposed expansion of the uses meet the intent of the Plan and the trend of development in the surrounding area. 2. The proposed rezoning conforms to the intent and purpose of the Unified Development Ordinance. Page 3 of 6 A special use permit was issued in 2001 for a counseling center at 1211 Sycamore Road. The planned development will be in compliance with the UDO, except for a waiver for a planned development being less than two acres. 3. The proposed rezoning will not have a significantly detrimental effect on the long-range development of adjacent properties or adjacent land uses. The surrounding area is already fully developed, and the proposed zoning and land use is consistent and compatible with the neighborhood. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses. The planned development zoning will allow the City control over future uses and redevelopment on the site. 4. The proposed rezoning constitutes an expansion of an existing zoning district that, due to the lack of undeveloped land, can no longer meet the demand for the intended land uses. The subject property is proposed for “PD-R” District zoning, which will allow the property to be used for uses that will be compatible with the surrounding area and consistent with the Comprehensive Plan. 5. Adequate public facilities and services exist or can be provided. Existing utilities already serve the site and there are two existing accesses to Sycamore Road. IV. STANDARDS FOR PLANNED DEVELOPMENT General Standards: The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. However, such exceptions shall consistent with the City's Comprehensive Plan and the standards contained in this Section and have been specifically requested in the application for a planned development; and further, that no planned development shall be allowed which would result in: 1. Inadequate or unsafe access to the planned development; There are two access points to Sycamore Road that serves the site and will serve the vacant property also. The planned development restrictions will require site improvements if redevelopment or development occurs on the property including possible driveway access widening and improvements. 2. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity; The proposed expansion of the outdoor counseling center activities to the site at 1215 Page 4 of 6 Sycamore Road will not generate additional traffic or exceed the anticipated capacity of the existing street network in the vicinity. 3. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; The proposed planned development will not have any undue impact on public parks, recreation areas, schools, fire and police protection and other public facilities. 4. A development which will be incompatible with the intent and purposes of this Ordinance; The applicant is requesting planned development zoning, which allow the City to approve regulations that will control the zoning, development and maintenance, operations and other property improvement related issues. 5. Detrimental impact on surrounding area including, but not limited to, visual pollution; The surrounding area is already mostly developed with residential and commercial uses, and the proposed zoning and land use is consistent and compatible with the neighborhood and Comprehensive Plan. The proposed rezoning will not have a detrimental effect on the adjacent properties or land uses. V. Citizen Comments We have not received any comments from the public regarding this rezoning request. VI. RECOMMENDATION Sample Motion: Based upon the submitted petition and testimony presented, I move that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a Zoning Map Amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road and approval of zoning map amendment from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road per the development standards and conditions listed on Exhibit A. Page 5 of 6 Exhibit A The permitted use on the property shall be limited to a counseling center and accessory uses. The subject site shall meet the requirements of the “PD-R” Planned Development Residential District standards in the UDO except for waivers as provided below: Article 5.13.06 to allow a Planned Development on a site less than two acres. The subject property’s appearance and character are to remain substantially consistent with the single-family residential appearance of the property. Rehabilitation of the existing structure is permitted, however changes to the existing structure that are not compatible with the existing residential character of the property, as determined by the Community Development Director, would require amendment to the Planned Development Ordinance. Any redevelopment or development on the subject property that the Community Development Director determines as minor may be reviewed at the staff level. Any redevelopment or development that is determined to be major by Community Development Director, including expansion of the existing building containing the counseling center, will require an amendment to the Planned Development Ordinance and submittal of engineering, architectural, landscaping and associated plans, as determined by the Community Development Director, for review and approval by the Planning and Zoning Commission and City Council. One ground sign may be erected on the property, not exceeding 30 sq. ft. in area and ten feet in height. Said sign shall not be internally illuminated, but may be externally illuminated with white light, provided that the fixtures are placed and shielded so as to not cause glare or reflection to traffic on Sycamore Road or to surrounding properties. The sign shall not be illuminated past 9:00 pm. Within 30 days after approval of the Planned Development Ordinance, the parking area shall be striped per the requirements of the UDO and a handicap parking space and sign shall be placed on the site per the Illinois Accessibility Code and the DeKalb Municipal Code. A plan should also be submitted within 30 days indicating the parking lot layout and indicating the number of required and provided parking spaces per the UDO. Page 6 of 6 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, September 5, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Adventure Works of DeKalb County, Inc. represented by Lynette Spencer for approval of zoning map amendment from the “MFR-1” Multiple Family Residential District to the “PD-R” Planned Development Residential District for property located at 1211 Sycamore Road with a PIN of 0814403021 and approval of zoning map amendment from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District for property located at 1215 Sycamore Road with a PIN of 0814403020 and other approvals as required for the subject properties to allow for the uses as proposed. The petitioner is proposing to purchase the vacant lot at 1215 Sycamore Road and use it for outdoor activities affiliated with current Adventure Works Counseling Center located at 1211 Sycamore Road. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, August 29, 2018. Additional information regarding the public hearing can be found on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public- Hearings. Further information is available from the Community Development Department by calling (815) 748-2361. Christina Doe, Chairperson DeKalb Planning and Zoning Commission COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 31, 2018 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director RE: Discussion and Recommendation regarding DeKalb County Case DK-18-32 requesting special use approval for a solar garden on properties located on Twombly Road, approximately 1300 feet west of Annie Glidden Road, in DeKalb Township (PINS 08-16-200-013 and 08-16-200-035) I. GENERAL INFORMATION A. Purpose Discussion and Recommendation for a special use to allow a solar garden located in DeKalb County, but within the City of DeKalb’s 1.5 mile planning jurisdiction. B. Location/Size 20 Acre Vacant/Farmed site located immediately south of Suburban Estates Apartments C. Petitioner MCJ Investments D. Existing Zoning DeKalb County PDR E. Existing Land Use Mostly Farmed F. Proposed Land Use 2.0 MW Community Solar Garden G. Surrounding Zoning and Land Use North: County Zoning; Suburban Estates Apartments South: City of Dekalb “PDR” Planned Development Residential; multiple family East: County Zoning; Suburban Apartments West: County Zoning; Farm Field H. Comprehensive Plan Designation Medium Density Residential (4-8 DU/Acre) II. BACKGROUND AND ANALYSIS Background Suburban Suburban Apartments and Suburban Estates are Estates two multiple-family projects located on the southwest corner of Twombly and Annie Glidden Road, and shown in the picture to the Solar Suburban right. They are located on a commonly owned Garden Site Apartments assembly of approximately 80 acres and are immediately adjoining the City of DeKalb’s northwest boundary. The entire 80 acres is unincorporated. Suburban Estates has direct access to Twombly, and Suburban Apartments has direct access to Annie Glidden Road. The common ownership also contains two, twenty acre parcels of vacant farmed land in the southwest and northeast corners of the property. A 20-acre solar garden is proposed in the southwest quadrant of the 80 acre ownership parcel, just south of Suburban Estates. County ordinance requires these to be approved by Special Use. Located immediately south of the subject property are multiple family dwellings located within the City of DeKalb, with addresses on Aspen Court and Regent Drive. The proximity of this DeKalb County project within 1.5 miles of the City’s boundaries is within the City’s “planning jurisdiction”, which affords the City an opportunity for review and comment. The City may also file a resolution of objection to a project within its planning jurisdiction if deemed appropriate by Council and approved by resolution and presented to the County Clerk. If this occurs, the County may only approve the project with a ¾ vote of its members instead of a simple majority. This case is being presented to the City of DeKalb Planning and Zoning Commission for review and recommendation to Council based on the application materials received and the information and analysis provided below. Any findings or resolutions will be introduced as evidence at the scheduled County hearing on September 13th. For more details on the hearing, see Section III of this report. Proposal The applicant, Green Circuit, filed an application on behalf of the property owner requesting approvals necessary to construct a solar garden on the approximately 20 acres of property identified on the map above as “solar garden site.” A “project narrative” is included with the submittal materials provided in Exhibit 1 to this staff report. Key highlights of this narrative are Page 2 of 8 as follows: • The Project Construction Schedule is 12 weeks. • The parcel is vehicle accessible only from the north east corner of the site near the existing boiler room. Construction crews will peak at ~25 construction workers. Once construction is complete there will be no additional traffic other than a quarterly maintenance crew of 2 technicians • The selected parcel will require minimal grading and disturbance. • The project will be bordered by an 8’ Tall “deer” fence. • A Planted “buffer zone” will be maintained on either side of the fence as follows North fence 20’ from array, West fence 60’ from array & 35’ from property line, South fence 60’ from array & 70’ from property line, east fence 20’ from array. • Existing drainage from Horseshoe Lake will be maintained and improved, leaving a 40’ gap between PV Tracker rows. • Field Drainage Tile (if any) will be reconfigured to avoid the tracker structure foundations. • The project will be planted with a pollinator friendly low-grow, no-mow prairie grass mixture to maintain sound ecological benefits throughout the project lifetime. • The selected parcel and the installed components have been carefully selected so the project can be easily demounted and turned back into farmland at the end of the project lifetime. • The PV Modules are designed with special glass to be low reflectance in order to capture as much sun light as possible. • The PV mounting structures (single axis trackers) rotate on an east to west axis and are configured to be flat/horizontal at solar noon and as such the solar geometry prevents the neighbors from receiving any glare or reflection from the PV Modules throughout the day. • Although designed specifically as a community solar garden the project has been carefully designed to optionally feed the PV Solar generation directly to the apartments. • Transformer feeders will be installed direct buried underground to the utility’s AC combiner box located along Twombly Road for the point of grid interconnection. Solar Panel Garden Example Page 3 of 8 As shown in the image above, the proposed solar garden will be divided into two groupings on the solar garden site. The two halves are separated by an area that is an existing drainage swale that will be maintained as part of the proposed improvement. Certain drainage enhancements are proposed, and is discussed in more detail below. Solar panels will be arranged in north/south rows, and panels will track, or follow the sun, from east to west. Access to the site is proposed at the northeast corner of the site through the existing apartment access drive and parking lot. The entire site will be enclosed with “deer fence” as shown in the picture to the right. Page 4 of 8 Analysis 1. Comprehensive Plan. The Comprehensive Plan (“Plan”) for the City of DeKalb includes both land use and future transportation recommendations related to this site. The recommended land use for this property is Medium Density Residential, with between four and eight dwelling units per acre. This is consistent with the development pattern to both the north and south of this site. The proposed use of a solar garden is not compatible with the City’s long-range plan. It will interrupt the planned orderly development of property in the surrounding area and will not produce the intended economic impacts for the community. Another important recommendation by the Plan is that collector roads be provided on both the east and west sides of the site to allow for access to Twombly. The provision of necessary rights-of-way to accommodate these collector streets would also provide a necessary location for water, storm, sanitary and other utility extensions. The locations of these collectors as indicated in the Plan are shown by the arrows in the Plan image excerpt below. The provide important connectivity for the developed property to the south, and the undeveloped properties to the west and northeast. At a minimum, any development of the subject site should be conditioned upon the dedication of right-of-way consistent with the Plan’s recommendation and City Code Subdivision requirements from the south end of the owner’s property to Twombly. If the City were processing this case, it would require this dedication. Improvement of these rights-of-way would also be required by the City’s Subdivision Regulations, but the City could elect to grant relief from the requirement to improve the right- of-way at this time given the low intensity of the proposed use. Obtaining and preserving the right-of-way for future roadway extension should be the priority, as it would be an important factor in ensuring orderly development of the surrounding properties. Recommended Rights-of-way for Collector Roads Comprehensive Plan Excerpt Page 5 of 8 2. Use Impacts and screening between project and City properties to the South. Renewable energy uses such as solar farms receive mixed reviews from neighboring property owners depending on personal preferences. For some, the use is desirable as it is deemed low impact and environmentally beneficial. For others, the use is undesirable and worthy of strict scrutiny and not allowed in certain zones, or when allowed, to be landscaped or otherwise adequately screened. The use can also be an attractive nuisance for vandals and other unauthorized activity given the large amount of unlit and hard to monitor space. This is particularly concerning that the use is proposed in one of the community’s highest crime neighborhoods. Staff is attempting to notify nearby owners to solicit opinions on the proposed use. Any information learned will be shared with the commission at the meeting. The County did mail proper notice of the hearing before the County Hearing officer to be held on September 13th, but this meeting date will occur after the City’s PZC and Council meetings. 3. Drainage The 20 acre farm site has about ten feet of drop from north to south, as shown by the contours in the image to the right. The red lines in the image above indicate the location of recently identified field tiles. This exhibit is also included in the exhibit. The City has not had adequate time for its engineering staff to review existing and proposed drainage improvements to determine possible impacts or requirements that should be requested. As the use includes little to no impervious surface and is under planted with native prairie flowers, significant modifications are not expected and drainage conditions would presumably be an improvement over farm field development. Both the location and condition of existing field tiles and the proposed improvements to drainage structures should be further evaluated by the City for its potential impact on property located south of the site given that it appears the tile already extend into this area. If the County moves to approve this project, it is recommended that their approval be subject to the City’s engineering review process. Page 6 of 8 4. Emergency Access and Water The DeKalb Fire Department provides service to this property by contract. As indicated earlier, access to the property is only from the northeast. Furthermore, with the property fully enclosed by a deer fence, the Fire Department has concerns as to how it would service the property in the event of a brush fire, or if a mowing or maintenance crew member needed emergency assistance within the property. Typically, Fire Department access enclosed by a fence requires gates with “opticon” activation switches or knox boxes. A minimum 20’ paved surface along one or more boundaries is typically also required to allow for their vehicular access. No such access is provided. Finally, it is unclear whether there are any fire hydrants on the property. It is believed that the apartment buildings are served by wells. City water maps show the closest City hydrant to be located near the southeast corner of the site off of Regent Drive. Fire Department staff are reviewing the situation further. In a meeting with the applicant, he questioned the need for emergency access as there are no buildings that will require service, and all equipment is provided with emergency shut off mechanisms. Although this is true, the proposed native plantings become dry in the fall and could be subject to brush fire. Similarly, emergency personnel would need to be provided with reasonable access around the site in the event a person within the site needed medical assistance. This issue needs further time to determine what can reasonably be accommodated. III. CITIZEN RESPONSE/COMMENTS As a DeKalb County case, a public hearing is scheduled before the County hearing officer on Thursday, September 13, 2018 at 1:30 in the DeKalb County Administrative Center, Conference Room East, 110 E. Sycamore Street, Sycamore, IL 60178. Because this property is unincorporated but within the City’s planning jurisdiction, it is being forwarded to the Planning and Zoning Commission and City Council for review. No mailed or public notice is provided in this scenario, but staff is attempting to contact nearby owners and property managers by phone to advise them of the upcoming meetings so that input at the local level can be incorporated into the City’s consideration of any possible formal action that might be forwarded to DeKalb County. IV. CONCLUSIONS AND RECOMMENDATIONS For unincorporated properties within 1.5 miles of a municipal boundary, state statutes provide communities with the opportunity to impact County zoning decisions. Specifically, the statue provides that if the City objects to specified projects by resolution, project approval by the County’s elected body increases from a simple majority vote to a ¾ vote requirement. This gives Page 7 of 8 a municipality an opportunity to review the proposed use against the recommendations provided in the City’s Comprehensive Plan. As indicated in this report, the proposed use of a solar garden does not conform to the Plan recommendation that the property be utilized for medium density residential uses. Although solar and other renewable energy uses were not prevalent during the timeframe the City’s Comprehensive Plan was approved, the uses anticipated by the plan should be considered. In a perfect world, the County would continue the hearing to allow the City additional time to properly notice its own nearby residents to solicit their feedback on this modification to the Comprehensive Plan. Continuing the hearing would also allow the City to work with the applicant on the drainage, right-of-way, and emergency access concerns addressed in the memo. Because it is unknown whether a request to the County hearing officer to continue the hearing would be honored, it is recommended that the City be prepared to present a resolution of objection at the hearing based on the findings in this report, but not enter it into evidence or file it with the County Clerk if the hearing officer grants the continuation request. In the event the hearing officer does not grant the continuation request, the City’s resolution of objection should specify its concerns and request that the County consider conditions to any approval that would address the City’s concerns. A sample motion that would achieve this recommendation is provided below Sample Motion: The Planning and Zoning Commission recommends the City Council direct staff to attend the public hearing for DeKalb County Case DK-18-32 on Thursday, September 13, 2018 at 1:30 to request that the hearing officer continue the public hearing to a date in early November to allow time for the City to work with the applicant to address the use, right-of-way, access, and drainage concerns presented, and to allow an opportunity for the City to solicit feedback from nearby residents prior to the County completing its hearing and forwarding its recommendation to the County Board. In the event the hearing officer does not grant a continuation, the Planning and Zoning Commission further recommend that the City Council approve a resolution of objection that would be entered into evidenced and filed with the County Clerk as required by State Statute noting the reasons for the objection, but also enumerating the following conditions of approval be requested by the County as part of any consideration them may have to approve the project: 1. Modification of the plan to accommodate the dedication of 70 foot rights-of-way on the east and west sides of the property between the south property line of the project and Twombly Road. 2. Applicant to be required to obtain approval by the City of DeKalb Fire Chief on any access and water service extensions required to service the property prior to the issuance of any permits by the County. 3. Applicant to be required to obtain approval by City Engineer of drainage and site plan modifications made to address access and utility extensions prior to the issuance of any permits by the County. Page 8 of 8 From: Greg Chismark To: Olson, Dan Cc: Gill, Zac; Charlton, Jo Ellen Subject: Solar Garden Date: Friday, August 31, 2018 8:07:03 AM [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dan, As a follow up to the DRT I suggest the City has an interest to understand the drainage impacts of the proposed solar garden project. This is due to the fact that the City’s corporate limits and drainage system are immediately adjacent and downstream of the project. We request the following information to evaluate the impacts: · Stormwater narrative that identifies the project scope, concepts and compliance with County ordinance for stormwater storage and conveyance improvements. Clearly identify and state any downstream impacts. · Define solar panel operations and post construction type and detail. Identify vegetation management and erosion potential / remediation efforts. · Field tile survey AND a plan for maintaining flow – protection or replacement · A significant storm sewer lies along the west property line. Identify any impacts or how this will be protected. Depict the pipe on the plan. Ensure access to the pipe and manholes is provided. · The low flow and overflow from the existing stormwater basin north of the proposed solar farm flow across the property into DeKalb. Provide flow values for each flow condition to substantiate the solar panel separation to accommodate these flows. · It is not clear how low flows are conveyed from the defined swale north of the City limits to the defined swale within the City limits. Please define and detail. Are any changes necessary to improve this condition? · Identify any wetlands That should do it. Let me know if you have any questions. Greg Greg Chismark P.E. Municipal Practice Principal WBK Engineering, LLC 116 West Main Street, Suite 201, St. Charles, Illinois 60174 P: 630.443.7755 D: 630.338.8527 www.wbkengineering.com | Mediating the Built & Natural Environments | Part of the Mno-Bmadsen Family The information contained in this e-mail is intended only for the individual or entity to whom it is addressed and should not be opened, read or utilized by any other party. This message shall not be construed as official project information or as direction except as expressly provided in the contract document. Its contents (including any attachments) may contain confidential and/or privileged information. If you are not an intended recipient you must not use, disclose, disseminate, copy or print its contents. If you received this e-mail in error, please notify the sender by reply e-mail and delete and destroy the message. APPLICATION FOR ZONING ACTIONS 2 MW COMMUNITY SOLAR GARDEN BY: S.A. ENERGY LLC. & MCJ INVESTMENTS LLC 1400 TWOMBLEY ROAD DEKALB, ILLINOIS 60115 AUGUST 2018 TABLE OF CONTENTS 0. Zoning Submittal Checklist 1. Project Narrative 2. Good Neighbor Agreement 3. Application For Zoning Actions 4. Special Use Request Form 5. Completed NRI Application 6. ECOCAT Letter FONSI 7. IHPA Submittal Letter 8. Topographic Site Plan 9. Site Plan 10. Preliminary Site Development Permit Form 11. Pictures Representative Of Site Plans Derek Hiland Community Development Director Administration Building 110 East Sycamore Street, Sycamore, IL 60178 08/01/2018 RE: Community Solar Garden @ 1400 Twombley Road DeKalb, Illinois 60115 Dear Mr. Hiland, Thank you for your help and guidance in reviewing and processing the Special Zoning Requst Application attached herewith. Project Narrative for S.A. Energy LLC. DeKalb Community Solar Garden The S.A. Energy LLC. DeKalb Community Solar Garden Project is to be located on underutilized land located directly south and east of the Suburban Apartments at 1400 Twombley Road DeKalb Illinois 60115. Having the legal description Section DK16, Range 40N-4E, of DeKalb Township, DeKalb County Illinois. PROJECT METRICS The project will have a nameplate rating of 2.49MWDC/2.00MWAC as follows: • The Project Construction Schedule is 12 weeks. • Although the project is designed for a lifetime of 30 years. An end of life decommissioning fund (Annuity) will be maintained as an integral part of the maintenance program. • The parcel is vehicle accessible only from our adjacent properties parking lots. Site access will occur at the north east corner of the site near the existing boiler room. Construction crews will peak at ~25 construction workers. Once construction is complete there will be no additional traffic other than a quarterly maintenance crew of 2 technicians • All major components carry extended warranties. • The project will be maintained on a quarterly basis. • The selected parcel will require minimal grading and disturbance. • The project will be bordered by an 8’ Tall “deer” fence. • A Planted “buffer zone” will be maintained on either side of the fence as follows North fence 20’ from array, West fence 60’ from array & 35’ from property line, South fence 60’ from array & 70’ from property line, east fence 20’ from array. • Existing drainage from Horseshoe Lake will be maintained and improved, leaving a 40’ gap between PV Tracker rows. • Field Drainage Tile (if any) will be reconfigured to avoid the tracker structure foundations. • The project will be planted with a pollinator friendly low-grow, no-mow prairie grass mixture to maintain sound ecological benefits throughout the project lifetime. • The selected parcel and the installed components have been carefully selected so the project can be easily demounted and turned back into farmland at the end of the project lifetime. • The PV Modules are designed with special glass to be low reflectance in order to capture as much sun light as possible. • The PV mounting structures (single axis trackers) rotate on an east to west axis and are configured to be flat/horizontal at solar noon and as such the solar geometry prevents the neighbors from receiving any glare or reflection from the PV Modules throughout the day. • Although designed specifically as a community solar garden the project has been carefully designed to optionally feed the PV Solar generation directly to the apartments. • The project includes 7,560-330 Watt PV Modules as manufactured by WNE of Rockford Illinois. • PV modules will be configured into 280 series strings of 27 modules each and will produce 1500 Volts DC. • The PV module strings will be placed on computer controlled single axis trackers (40-4 string rows and 20-6 string rows) • All PV module strings cable are to be installed along the tracker supports and will terminate into fused combiner boxes placed at the north end of select tracker rows. • Combiner Box feeders will be installed direct buried underground to the sub-combiner section of the Central Inverter. • The 2,000kW “Smart” Central Inverter as manufactured by ABB is rated at 98% DC to AC conversion efficiency and will convert the 1500 Volt DC energy into 480 Volt AC energy. • The Central inverter will be connected with a solid bus to a 2000kW utility grade transformer which will convert the inverters 480 VAC output to the utility voltage. • Transformer feeders will be installed direct buried underground to the utility’s AC combiner box located along Twombley Road for the point of grid interconnection. • The project includes a weather station paired with a web based monitoring and data collection system that will keep tabs on inverter status and generation efficiency as well as kWh Generation. • Through the subscriptions of the Community Solar Program, MCJ Investments LLC. will be able to offer a discounted electric cost to their tenants as an enticement to lease. • As part of the Community Solar Project MCJ Investments LLC. Will rebrand the Suburban Apartments as a “green” living alternative and attract new group of tenants to the complex. • The Operators of the SA ENERGY Community Solar Garden will offer scheduled tours to community members such as schools and social clubs. SEE ATTACHMENTS 1. Legal description of property (Alta Survey) 2. Narrative statement describing and justifying proposed use (herewith) 3. Map showing the location of the property (on Site Plan) 4. Plat of Survey or property boundary plat (Alta Survey) 5. Natural Resources Inventory Report (SUBMITTED WITH DeKalb County S&WCD ON 8/1/18) 6. Endangered Species Consultation Program (ECOCAT Letter) 7. Topographic plan with delineation of floodplain (no floodplain exists) 8. Site Plan 9. Preliminary plans for sanitary and water facilities (N/A EXISTING SHOWN ON SITE PLAN) 10. Building drawings (NOT APPLICABLE) 11. Signage drawings, including locations and dimensions (NOT APPLICABLE) 12. Traffic Report 13. Site Development Permit (to be submitted after zoning hearing) 14. Illinois Historical Preservation Authority (IHPA Letter) 15. DeKalb County Zoning SPECIAL USE REQUEST Form 16. DeKalb County APPLICATION FOR ZONING ACTIONS Form 17. SA Energy/Green Circuit “Good Neighbor Agreement” AVAILABLE UPON REQUEST 1. Equipment Technical Specifications 2. Maintenance Plan Narrative 3. Decommissioning Plan Narrative 4. Glare/Reflection Angle Study 5. Presentations to Board or Committee Meetings If your team requires any additional information or would like a guided site visit please feel free to reach out by phone or email at any time. Respectfully Submitted, Brett D. Robinson Green Circuit 651.343.8477 brett@green-circuit.com Illinois Office 5985 Logistics Pkwy, Rockford, IL 61109 Minnesota/Wisconsin Office 901 4th Street Suite #101 Hudson, Wisconsin 54016 TYPICAL SINGLE AXIS TRACKER PV PROJECT (viewed from east) GOOD NEIGHBOR AGREEMENT SA Energy and Green Circuit believe that everyone has the right to a healthy environment and safer world - and clean energy is where it starts. Energy from the sun can p owe r our lives, heat our homes and fuel our cars. Our mission is to tear down the barriers to renewable energy. We do that by making it easy and affordable for all Illinoisans to go solar. We have legal and moral imperatives that direct us to attend to the triple bottom line of people, planet and profit. In short, we're committed to improving our Illinois communities and the people that live here. To achieve this vision of clean, safe, in-state, renewable energy we need to build it. Illinoisans overwhelmingly support the state's official goal (Renewable Portfolio Standard) of having 25% of all our energy come from renewable sources by the year 2026. Thousands of Illinois residents would like to install solar at their home or business…..However, over half of all the folks who ask to go solar can't because their homes or businesses face away from the sun or are shaded by trees. Illinois needed a solution, so we worked with the Illinois Power Authority to help create the Community Solar Program, where lots of families and businesses can benefit from a single solar array in their community. We call them Community Solar Gardens, or CSGs. Each one stands about 10-feet tall and takes up several acres of land. We hope to build many of these around the state to help thousands of Illinoisans repower our state. It matters where and how these community-scale solar arrays are built. This is Green Circuit's Good Neighbor Agreement, making clear our commitments to the communities we seek to serve. Serving communities. We are Illinoisans. We operate in the community. Whether it's designing/constructing the solar array or staffing a community event or presenting to the Illinois Power Authority, we seek out and utilize local folks to help us build and share the beauty of solar - providing accurate and detailed information to our community. We strive to be good neighbors. Engage early on. When we begin planning a Community Solar Garden (CSG), we will first engage local officers and community leaders - to seek input on where and how the project is situated. Community workshops. Once the pieces of a CSG have come together, Green Circuit hosts a community workshop to answer any questions about the project and share with residents of the community the opportunity to join the CSG as a subscriber. Locals first. CSG subscriptions are exclusively available first to residents of the array's surrounding community, bringing community together to build and benefit from the local Solar Array. Looking good. We want our solar arrays to look good. We design the PV systems to incorporate the local aesthetic. For community-scale solar, we listen to local ideas for how the array is designed to best fit into our beloved landscape. The long term. Green Circuit is responsible for maintaining our community arrays for the decades of their green-energy producing lives. We'll be around to make sure the array is in working order and the property looks sharp. And let us know. Green Circuit is proud to be part of this new movement, and we want to get it right. So we seek feedback on how we're doing because we believe this is important work that we're doing. Schedule a visit. Green Circuit will be happy to schedule a tour to community members such as schools and social clubs. APPLICATION FOR ZONING ACTIONS FILE NUMBER MAP AMENDMENTS, SPECIAL USES AND VARIATIONS 08- 16- 200- 013 PARCEL NUMBER Name of Applicant: MCJ Investments (Sukhdarshan “Shan” Bedi) Address: 1400 Twombley Road City: DeKalb State: Illinois Zip: 60115 Phone: 309 242-6467 Attorney: Clark Stojan at Stojan Law Office PC Address: 423 17th St. Suite 103 City: Rock Island State: Illinois Zip: 61201 Phone: 309.794.7900 Owner of Property: MCJ Investments (Sukhdarshan “Shan” Bedi) Address: 1400 Twombley Road City: DeKalb State: Illinois Zip: 60115 Phone: 309 644-4605 Address and Legal description of property: (May be attached) See ALTA Survey Attached MAP AMENDMENTS OR SPECIAL USES Existing Zoning District: PDR Existing Use: Agriculture/Idle Proposed Map Amendment: OR Proposed Special Use: REQUEST REZONING TO PLACE A 2.0MWAC COMMUNITYSOLAR GARDEN Page 1 of 3 VARIATIONS-Continued NOT APPLICABLE Zoning District: Existing Use: Requested Use: OR Required Setback: Requested Setback: OR Existing Requirements (Please Specify): Requested Requirements (Please Specify): The undersigned grants the DeKalb County Community Development Director or his/her designee and the Hearing Officer permission to enter upon the property described on this application for the purpose of inspection. 08/01/18 Owner or Authorized Agent Date BRETT D. ROBINSON Authorized Agent for Owner Received By Page 2 of 3 DISCLOSURE OF INTEREST Pursuant to the requirements of State Statutes (55 ILCS 5/5-12009), please provide the names and addresses of all owners of the property for which the zoning action is requested. If ownership is by a corporation, provide the names and addresses of all officers and directors, and all stockholders owning any interest in excess of 20% of all outstanding stock of such corporation. If the petitioner for zoning action is a business or entity doing business under an assumed name, or if a partnership, joint venture, syndicate or an unincorporated voluntary association, provide the names and addresses of all true and actual owners of the business or entity, the partners, joint ventures, syndicate members or members of the unincorporated voluntary association. MCJ Investments LLC. 1400 Twombley Road DeKalb, Illinois 60115 Property Owners/LLC Members Sukhdarshan “Shan” Bedi Virender Bedi Brijnanden Sodhi Sukhwant Sodhi Page 3 of 3 Community Development/Zoning Actions Page 4 of 3 SPECIAL USE REQUESTS Please provide responses to the following statements: 1. The proposed Special Use complies with all applicable provisions of the applicable district regulations. YES, we are requesting a Zoning Change for our unused/idle ~18 acre parcel of land which was formerly used for Agriculture (Row Crops) from PDR to SOLAR. The parcel is vehicle accessible only from our adjacent property, Once the Zoning change is completed we intend to build a neighbor friendly Community Solar Garden 2. The proposed Special Use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or the public welfare at large? NO, The PV Array will be surrounded by a natural prairie. For community-scale solar, we listen to local ideas for how the array is designed to best fit into our beloved landscape. The project will be planted with a pollinator friendly low- grow, no-mow prairie grass mixture to maintain sound ecological benefits throughout the project lifetime. The selected parcel and the installed components have been carefully selected so the project can be easily demounted and turned back into farmland at the end of the project lifetime. 3. The location and size of the Special Use, the nature and intensity of the operation involved in or conducted in connection with the property, and the location of the site with respect to the street giving access to it are such that the Special Use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable Zoning District Regulations. In determining whether the Special Use will so dominate the immediate neighborhood, consideration shall be given to: a. What are the location, nature and height of buildings, structures, walls and fence on the site? The parcel is vehicle accessible only from our adjacent properties. There are no buildings and the tracking structures are ~ 10’ tall when fully extended in the morning and evening. The PV Modules are designed with special glass to be low reflectance in order to capture as much sun light as possible. The PV mounting structures (single axis trackers) rotate on an east to west axis and are configured to be flat/horizontal at solar noon and as such the solar geometry prevents the neighbors from receiving any glare or reflection from the PV Modules throughout the day. The selected parcel and the installed components have been carefully selected so the project can be easily demounted and turned back into farmland at the end of the project lifetime. The project will be bordered by an 8’ Tall “deer” fence which will allow “critters” (birds and small animals) access to the natural prairie landscaping. b. What is the nature and extent of proposed landscaping and screening on the proposed site? A Planted “buffer zone” will be maintained on either side of the fence as follows North fence 20’ from array, West fence 60’ from array & 35’ from property line, South fence 60’ from array & 70’ from property line, east fence 20’ from array. The open mesh of the fence will allow the fence to disappear from sight. 4. Address off-street parking and loading area standards. There will be no additional parking required for the project during or after construction. Page 1 of 3 5. Address drainage, utility and other such necessary facilities that have been or will be provided. The only utility required will be an underground 15kV Commonwealth Edison line traversing the site from North to South from the area of the existing boiler room to Twombley Road. Field Drainage Tile (if any) will be reconfigured to avoid the tracker structure foundations. Drainage tile Inspection is in process w/Huddleston McBride…..Tom McBride Tel: 815-562-6007 6. The proposed uses, where such developments and uses are deemed consistent with good planning practice or can be operated in a manner that is not detrimental to the permitted developments and uses in the district: can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conforms to the applicable regulations of the district in which it is located; and are deemed essential or desirable to preserve and promote the public health, safety and general welfare of DeKalb County. MCJ Investments and Green Circuit believe that everyone has the right to a healthy environment and safer world - and clean energy is where it starts. Energy from the sun can power our lives, heat our homes and fuel our cars. Our mission is to tear down the barriers to renewable energy. We do that by making it easy and affordable for all Illinoisans to go solar. We have legal and moral imperatives that direct us to attend to the triple bottom line of people, planet and profit. In short, we're committed to improving our Illinois community and the people that live here. Green Circuit is responsible for maintaining our community arrays for the decades of their green-energy producing lives. We'll be around to make sure the array is in working order and the property looks sharp. SEE ATTACHED PROJECT NARRATIVE The undersigned grants the DeKalb County Community Development Director or his/her designee and the Hearing Officer permission to enter upon the property described on this application for the purpose of inspection. 08/01/18 Owner or Authorized Agent Date BRETT D. ROBINSON Authorized Agent for Owner Received By Page 2 of 3 Natural Resource Information Report Application DeKalb County Soil and Water Conservation District 1350 West Prairie Drive, Sycamore IL, 60178 Phone: (815) 756-3234 x3 For Office Use Only File Number: Date Received /20 Fee: (Make Check Payable to: DeKalb County SWCD) Fee: Full Report: $450.00 up to 5 acres and $25.00 for each additional acre or part ther eof Letter: $75.00 Staff will determine when a letter or full report will be necessary. Wind Turbines: $450.00 (Includes 1 turbine) Additional turbines $200.00 per turbine. (Substations will be charge the acreage fee defined in the fee schedule.) Reports received after 4:00 p.m. the Wednesday before a board meeting will be processed for the next board meeting. Board meetings are scheduled for the second Wednesday of each month at the DeKalb County Farm Bureau Center for Agriculture. Petitioners Name: MCJ Investments (Sukhdarshan “Shan” Bedi) Phone: 309.242.6467 Address: 1400 Twombley Road DeKalb, Illinois 60115 Contact Person: Brett Robinson Phone: 651.343.8477 Address: 5985 Logistics Parkway Rockford Illinois 61109 Current Owner: MCJ Investments (Sukhdarshan “Shan” Bedi) Parcel Index Number(s): (1) 08 - 16 - 200 - 013 (2) 08 - 16 - 200 - 015 (3) 08 - 16 - 100 - 009 Aggregate parcel size: 18.03 (acres) Current Zoning: PDR Requested Zoning: Solar Current Use of Site: Agriculture/Idle Proposed Use: Community Solar Garden Site Location: Section: Unit of Government Responsible: X County of DeKalb City/Town of ( ) Proposed Water Supply: Private Well Community Well Proposed Wastewater Treatment: Septic System Sanitary Sewer Other Proposed Stormwater Plans: Ditches/Swales Wet Detention Basin Dry Detention Basins Storm Sewer No Detention Facilities IMPORTANT! Processing will not begin without the following: PLAT OF SURVEY/SITE PLAN: showing legal description, property measurements. SITE PLAN/CONCEPT PLAN: showing lot, streets, stormwater detention areas, etc. LOCATION MAP: (if not on maps above) include distance from major roadways & or section lines. ZONING or LAND USE PETITION: filed with unit of government (if relevant) IF AVAILABLE TOPOGRAPHY MAP DRAWING SHOWING LOCATION OF FIELD TILE AND/OR DRANAGE PATTERNS COPY OR SOIL BORING AND/OR WETLANDS STUDIES PERFORMED ON SITE The DeKalb County SWCD has 30 days for inspection, evaluation, and processing of this report. It is understood that filing this application allows a district representative the right to conduct an onsite investigation of the parcel(s) described above. The use of a sUAS (Drone) may be a part of the site investigation. It is also under- stood that through this request I am giving the Soil and Water Conservation District permission to provide NRCS Wetland Inventory Information on my land in regards to the Natural Resource Information Report. I understand that this report becomes public knowledge once accepted by the District Board of Directors. Contact Person or Petitioner’s Signature: Date: 7.30 /20 18 This report will be issued on nondiscriminatory basis without regard to race, color, religion, national origin, age, sex, handicap or marital status. Bruce Rauner, Governor Wayne Rosenthal, Director June 13, 2018 Brett Robinson MCJ Investments LLC/Green Circuit 1400 Twombley Road Dekalb , IL 60115 RE: Dekalb Community Solar @ Suburban Apartments Project Number(s): 1811522 [5555] County: DeKalb Dear Applicant: This letter is in reference to the project you recently submitted for consultation. The natural resource review provided by EcoCAT identified protected resources that may be in the vicinity of the proposed action. The Department has evaluated this information and concluded that adverse effects are unlikely. Therefore, consultation under 17 Ill. Adm. Code Part 1075 and 1090 is terminated. Consultation for Part 1075 is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. Consultation for Part 1090 (Interagency Wetland Policy Act) is valid for three years. The natural resource review reflects the information existing in the Illinois Natural Heritage Database and the Illinois Wetlands Inventory at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, you must comply with the applicable statutes and regulations. Also, note that termination does not imply IDNR's authorization or endorsement of the proposed action. Please contact me if you have questions regarding this review. Natalia Jones Division of Ecosystems and Environment 217-785-5500                        08-02-2018 BRUCE J. ADERMAN ILLINOIS LICENSED PROFESSIONAL ENGINEER NO. 062-046478 EXPIRES 11-30-2019 PREPARED FOR:                        08-02-2018 BRUCE J. ADERMAN ILLINOIS LICENSED PROFESSIONAL ENGINEER NO. 062-046478 EXPIRES 11-30-2019 PREPARED FOR: A1 4" CLAY / GOOD SLIGHT CLENA 26" ACTIVE FLOW AND CAPACITY B --- NO DRAIN TILE --- --- --- NO DRAIN TILE LOCATED C --- NO DRAIN TILE --- --- --- NO DRAIN TILE LOCATED D1 4" CLAY / GOOD SLIGHT CLEAN 36" ACTIVE FLOW AND CAPACITY E --- NO DRAIN TILE --- --- --- NO DRAIN TILE LOCATED F1 4" CLAY / GOOD SLIGHT CLEAN 38" ACTIVE FLOW AND CAPACITY G --- NO DRAIN TILE --- --- --- NO DRAIN TILE LOCATED H1 4" CLAY / GOOD NONE CLEAN 37" FAILED SECTION, OUTFALL DAMAGED I --- NO DRAIN TILE --- --- --- NO DRAIN TILE LOCATED END END M1 EXISTING 15" POLY DRAINAGE PIPE POND OUTFALL, INVESTIGATION TRENCH A SURFACE DISCHARGE A1 < YD .T. LA R "C .4 << EX INVESTIGATION TRENCH G << NO DRAIN TILE LOCATED. .T. YD LA "C D1 X.4 <E INVESTIGATION TRENCH H ALL EXISTING AGRICULTURAL DRAIN TILES LOCATED DURING THIS INVESTIGATION SURVEY HAVE BEEN IDENTIFIED ON THIS PLAN AND FIELD STAKED AT < 50' INTERVALS, IN SOME E< H1 < OCCASIONS CERTAIN EXISTING LOCAL DRAIN TILE SECTIONS MAY BE SPECULATED AND TIL INVESTIGATION TRENCH D CONSIDERED AS AN ASSUMED ROUTE WHICH SHALL BE DELINEATED ON THIS PLAN. INVESTIGATION TRENCH E IN 1 4" CLAY / GOOD SLIGHT CLEAN 28" MAINLINE AT PROPERTY INGRESS ALL EXISTING DRAIN TILES DAMAGED DURING THE INVESTIGATION PROCESS SHALL BE NO DRAIN TILE LOCATED. RA REPAIRED TO THEIR ORIGINAL STATE IN ACCORDANCE WITH NATURAL RESOURCE INVESTIGATION TRENCH I YD 2 4" CLAY / GOOD SLIGHT CLEAN 40" MAINLINE AT PROPERTY EGRESS >> E 3 4" CLAY / GOOD SLIGHT CLEAN 59" LATERAL AT PROPERTY INGRESS CONSERVATION SERVICE STANDARDS FOR DRAIN TILE INSTALLATION AND REPAIR. NO DRAIN TILE LOCATED. LA (HUDDLESTON DRAINAGE (62A) TYPICAL STANDARD "A") XIS .4 ALL EXISTING DRAIN TILE LOCATION DIMENSIONS HAVE BEEN SURVEYED BY AGRICULTURAL TIN "C GRADE GPS SURVEY SYSTEMS AND INCLUDE SUB METER ACCURACY, ALL LOCATIONS G EX 4" IST PERTINENT TO FINAL DESIGN SHALL BE VERIFIED BY THE PROJECT SURVEYOR. THIS DRAIN TILE INVESTIGATION REPORT IS INTENDED TO IDENTIFY EXISTING DRAIN TILE CL A << MAINLINE SYSTEMS ONLY WITH ADDITIONAL PRIORITY ON DRAIN TILES WHICH MAY SERVICE YD INVESTIGATION TRENCH C THE UPLAND PROPERTY OF OTHERS OR WITH MUTUAL DRAINAGE STATUS. RA NO DRAIN TILE LOCATED. THIS DRAIN TILE INVESTIGATION REPORT SHALL BE FILED WITH HUDDLESTON DRAINAGE LAND IN DRAINAGE CO., AND WILL BE REPRODUCED AND DISBURSED ONLY BY PERMISSION OF THE TIL F1 CONTRACT PRINCIPALS. E> > INVESTIGATION TRENCH F >EX. 4" CLAY DRAIN TIL E>> TYPICAL TRENCH SIZE BACKFILL INVESTIGATION TRENCH NOTE, EXISTING DRAIN TILE SECTION IS WITH EXCAVATED FILL, MOUND TO ALLOW FOR NATURAL SETTLEMENT. NORMAL GROUND LEVEL SHALLOW AND HAS BEEN DAMAGES AND DO NO COMPACT SHALL BE CONSIDERED ABANDONED IN PLACE. TYPICAL EXISTING DRAIN TILE PLACE CHIPPED TRENCH WALL INVESTIGATION SLIT TRENCH MATERIAL AROUND AND 6" ABOVE PIPE TO CREATE PROTECTION ZONE. INSTALL SOLID WALL POLYETHYLENE HAND CUT CONNECTION SHELF, ALLOW DUAL WALL TYPE RIGID PIPE SECTION, MIN. 6" ORIGINAL GROUND FOR RIGID (SPRINGFIELD DUAL WALL OR EQUAL) PIPE AND INSERT CONNECTION SUPPORT RIGID PIPE TO CLAY DRAIN TILE "INSERT TYPE ADAPTER" TYPICAL EXISTING CLAY DRAIN TILE HAND TAMP EXCAVATED MATERIAL TO PIPELINE SECTION GRADELINE OF EXISTING TILE REPAIR SECTION THESE SYMBOLS REPRESENT SURVEY DATA POINTS WHICH HAVE BEEN STAKED IN THE FIELD FOR THE SPECIFIC PURPOSE OF ELECTRONIC LOCATION AND ELEVATION DETERMINATION BY THE PROJECT SURVEYOR. THESE DATA POINTS CONSIST OF A 2" X 2" GROUND HUB AND A 3'-0" ON-LINE 00 LOCATION STAKE WHICH INCLUDES DATA POINT IDENTIFICATION NUMBER, SEPARATION MEASUREMENT FROM HUB TO PIPE INVERT, AND PIPE SIZE. ALL EXISTING DRAIN TILE ROUTES HAVE BEEN FIELD STAKED WITH "EXISTING DRAIN TILE" PIN FLAGS AT 50' INTERVALS AND DOUBLE FLAGS AT INTERSECTIONS. REVISIONS 42 R ILLINOIS 1976 nd 2018 FARM Anniversary Know what's BUREAU MEMBER DIG NUMBER COPYRIGHT C 2018, BY HUDDLESTON LAND DRAINAGE COMPANY COORDINATE SYSTEM: ILLINOIS STATE PLANE EAST NAD 83 M:\1 HUDDMAC ACTIVE FILES\1 AUTOCAD DRAWINGS\ACTIVE CADD\2-4-16@GREEN CIRCUIT DEKALB\2-4-16.dwg, 8/10/2018 7:10:38 AM, Tom, DWG To PDF.pc3, ARCH full bleed D (36.00 x 24.00 Inches), 1:200 9 9 16 16 TWOMBLY ROAD Parcel Eight-A Parcel Two Parcel One Parcel Three Parcel Seven Parcel Five Parcel Two Parcel Two Parcel Two ive e lF c Par ou r el F Parc Parcel Eight-B Parcel Six 08-02-2018 BRUCE J. ADERMAN ILLINOIS LICENSED PROFESSIONAL ENGINEER NO. 062-046478 EXPIRES 11-30-2019 PREPARED FOR: COMMUNITY DEVELOPMENT DEPARTMENT 110 E. Sycamore St., 4th Floor Sycamore, IL 60178-1497 (815) 895-7188 www.dekalbcounty.org Site Development Permit Instructions Site Development Permit Submittal Checklist: Full  Permit application form filled out completely  Two (2) sets of the stormwater management plans and materials, prepared by and bearing the stamp and seal of a registered professional engineer (see section 30-167.3 of the DeKalb County Code for plan requirements)  Two (2) copies of the Cost Estimate. The project engineer needs to provide a cost estimate of all the grading/land disturbing work associated with the project.  Financial Guarantee. A financial guarantee for an amount equal to 120% of the engineer’s cost estimate is to be submitted, in the form of either a cashier’s check or letter-of-credit. (A sample letter-of-credit template is attached.) The financial guarantee will be returned upon the successful completion of the approved grading work.  Fee: $1,000 (due at time of submission) Waiver  Permit application form filled out completely  Two (2) sets of site plans showing existing and proposed structures, land features, grade changes, etc.  Two (2) copies of a written statement providing a description of the project and the applicant’s reasoning for requesting the waiver  Fee: $200 (due at time of submission) What Happens Next? The DeKalb County Engineer and personnel from the DeKalb County Planning Department will review your submission to ensure compliance with the regulations in Chapter 30 of the DeKalb County Code. When the Site Development Plans have been approved, the applicant will receive a letter of Plan Approval from the DeKalb County Engineer, which will serve as the Site Development Permit. The applicant shall copy and post the letter in a weather- proof covering in plain view at the Development Site. OFFICE USE ONLY COMMUNITY DEVELOPMENT DEPARTMENT 110 E. Sycamore St., 4th Floor SD - _- Sycamore, IL 60178-1497 (815) 895-7188 Bldg. Permit # www.dekalbcounty.org Zoning District Date of Application Application for a Fee $ Site Development Permit Receipt # Applicant MCJ Investments LLC and Green Circuit Applicant’s Address 1400 Twombley Road City DeKalb Zip 60115 Applicant’s Telephone Number 651.343.8477 Applicant’s Email Address brett@green-circuit.com Applicant’s Interest in Property: Owner X Contractor X Other Owner of Record MCJ Investments LLC Location of Property where project will take place 1400 Twombley Road City DeKalb Zip 60115 Parcel Number(s) (1) 08-16-200- 013 (2) 08-16-200- 015 (3) 08-16-100- 009 Size of Parcel(s) 18.03 Acres Type of Site Development Permit (Please Check): Full Waiver Please Describe, in detail, the proposed Site Development Project for which this application will be processed: See Project Narrative Attached / / Signature of Owner or Applicant Date Application Received By C:\Temporary Internet Files\Content.Outlook\JJ1F7L02\Site Development Permit (m).docx Page 2 of 4 Irrevocable Stand-by Letter of Credit No. (Letter of Credit number) BENEFICIARY: DeKalb County 110 E. Sycamore Street Sycamore, IL 60178 Attention: County Planning Director Date: By the order of: (Petitioner Name): AMOUNT (USD) $ (Address): EXIRATION DATE: We, (Issuing bank's name) hereby issue in your favor, Irrevocable Stand-by Letter of Credit No. (Letter of Credit number), for the account of (applicant's name), for an amount or amounts not to exceed in the aggregate US dollars $(Amount) available at sight in accordance with the terms set forth herein: 1) DRAWS. Credit may be drawn by the County by presentation to (Issuing bank's name), by a written demand signed by one of the following officers of the DeKalb County in their official capacity (County Administrator, Deputy County Administrator, or Planning Director) attesting that: The amount of USD $ is hereby drawn under (Issuing bank's name) Letter of Credit Number (Letter of Credit number) because: (Applicant’s name) is in default of Section 30-7 of the DeKalb County Code, for non-compliance with the approved grading plan for Site Development Permit #: SD- - . 2) REDUCTION OF STATED AMOUNT. The principal amount of the Letter of Credit may be reduced, prior to the then current expiration date, upon presentation to (Issuing Bank's name) of a written statement from the DeKalb County, signed by one of the following officers of the DeKalb County in their official capacity (County Administrator, Deputy County Administrator, or Planning Director), certifying the dollar amount of such reduction. Any request for a reduction shall be accompanied by a revised Engineers Opinion of Probable Costs outlining the estimated costs of the remaining improvements covered by this Letter of Credit No. (Letter of Credit number), and in no case shall this Letter of Credit be reduced to an amount less than One Hundred Twenty Percent (120%) of the costs of completion of remaining improvements. 3) INITIAL PERIOD AND AUTOMATIC ROLLOVER. This Letter of Credit will expire on (expiration date), provided however, (Issuing bank's name) shall notify the DeKalb County Planning Director, by certified mail, return receipt requested, at the above address shown, at least 60 days prior to said expiry date, that said Letter of Credit is about to expire. The Letter of Credit shall be deemed automatically extended without amendment for one or more additional one (1) year periods running (each such additional period being referred to as a “rollover period”) from the initial expiration date or any future expiration date. In no event shall this Letter of Credit expire except upon 60 days prior written notice to the DeKalb County Planning Director as stated above, it being expressly agreed by (Issuing Bank's name) that the above expiration date shall be extended so as to comply with this notice provision. 4) NONCONFORMING DEMANDS. If a demand for payment by the County hereunder does not, in any instance, conform to the terms and conditions of this Letter of Credit, (Issuing bank's name) must give prompt notice to the County that the demand for payment does not conform to the terms and conditions of this Letter of Credit. Such notice must state the reasons the demand does not conform. Upon being notified that a demand for payment does not conform, the County may correct the nonconforming demand for by issuing a new demand on or before the expiration date. 5) PAYMENT. All demands made in conformity with this Letter of Credit will be duly honored by wire transfer if presented to (Issuing bank's name) at the address below on any Monday through Friday before or on the C:\Temporary Internet Files\Content.Outlook\JJ1F7L02\Site Development Permit (m).docx Page 3 of 4 expiry date prior to 3 p.m. CST or if presented to (Issuing Bank's name) at any time before the Letter or Credit expires. If, within three days after any draft drawn under this Letter of Credit is presented to (Issuing bank's name) in conformance with the terms of this Letter of Credit, (Issuing bank's name) fails to honor the demand, (Issuing bank's name) agrees to pay all attorneys’ fees, court costs, and other expenses incurred by the County in enforcing the terms hereof. Partial drawings are permitted under this Letter of Credit. 6) FULL AGREEMENT. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. 7) GOVERNING LAW. To the extent not inconsistent with the express terms hereof, this Letter of Credit is issued subject to the Uniform Customs and Practice for Documentary Credits (1998 Revision or most current version) International Chamber of Commerce Publication ISP98 ("UCP") or UCP 600 (2003 Revision or most current version), except that, as to matters not governed by the UCP, this Letter of Credit shall be governed by and construed in accordance with the laws of the State of Illinois (without giving effect to principles of conflicts of laws). 8) VENUE. Venue for any court actions brought with respect to this Letter of Credit shall be in the 16th Judicial Circuit, DeKalb County. Please present and address all correspondence, draws and demands to (Issuing bank's name) regarding this Letter of Credit to the attention of (specify name of contact or department name along with full address and phone number). (Issuing Bank) By: Attest: Title: Title: C:\Temporary Internet Files\Content.Outlook\JJ1F7L02\Site Development Permit (m).docx Page 4 of 4 Green Circuit Stock Pictures TYPICAL TRACKER ROWS TYPICAL TRACKER ROWS TYPICAL TRACKER ROW VIEW FROM WEST TYPICAL VIEW FROM UNDER PV MODULES COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 31, 2018 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director RE: Discussion and Recommendation regarding DeKalb County DeKalb County Public Hearing Regarding Text Amendments to modify Wind Farm Ordinance DeKalb County has set public hearings to consider text amendments relative to their regulation of Wind Farms for Monday, September 24, 2018. In an effort to provide an opportunity to the Planning and Zoning Commission and the Council to review, comment, and potentially present the County with formal feedback, the matter would need to be discussed at their respective meetings on September 5th and September 10th, given that the next Council meeting would occur after the scheduled public hearing. In a discussion with County staff this morning, the final draft is not yet completed. It is expected prior to the meeting, so staff will provide an overview of the final draft for discussion and comment. Page |1